Richardson, Re K.J. & Anor Gleeson, Ex Parte G. & Ors [1986] FCA 602

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

EXERCISING FEDERAL JURISDICTION 1386

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IN BANKRUFTCY

BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA

Re : KENNETH JOHN RICHARDSON and RAELENE CHERYL RICHARDSON

Judgment Debtors

Ex parte: GERALD GLEESON, LORNA GLEESON and DARYL GLEESON

Judgment Creditors

COURT: NORTHROF dg.

DATE: 30 OCTOBER i936

PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT

This is the return for the hearing of a petition in which the judgment creditors, Gerald Gleeson, Lorna Gleeson and Daryl Gleeson, are seeking a sequestration order against the judgment debtors, Kenneth John Richardson and Raelene Cheryl Richardson. The petition 1s founded upon a non-compliance with a bankruptcy notice, Notice of Opposition to the petition has been aqiven on behalf of the

judgment debtors and the ground stated 15 as follows:- ~-

ot as FeO STRALIA

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"That the Notice sf Bankruptcy upon wnich the Petition is founded 15 bad in that it does not comply with the Bankruptcy Act or Rules in naming both Judgmenc Debtors on the ne Notice, Accordingly, there nas been no ace af bankruptcy and the Fetiticon 15 without foundation. '

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The parties have agreed that the issue caised by that grouna should be argued separately aS a preliminary 1ssue before considering other matters raised in that notice or

opposition, and tne Court has agreed to anopr that course.

The bankruptcy notice in the present case is dated 3 June 1386 and is based upon a judgment of the Supreme Court of the State of Victoria which was made on 25 March 1986 in which the judgment creditors were named as plaintiffs and the

judgment debtors were named as defendants. The order was that the judgment debtors pay to the judgment creditors an amount of $285,000 and as far as I " encw, there has been no stay of that judgment, although part of the money was not due to be paid before 14 April 1986. The bankruptcy notice was issued after that date, 14 April, and in the bankruptcy notice the judgment debtors are named as the debtors and the creditors as the judgment creditors and is directed to the two debtors and requires them to pay the sum of $285,000 which is due to the judgment creditors under a final judgment obtained against the debtors in tha Supreme Court at