Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD P864 of 1986
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: FRANK CAMPAGNA
Debtor
EX PARTE: CLIMAX ELECTRIC PTY. LTD.
Creditor MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: i DECEMBER 1986 WHERE MADE: BRISBANE
THE COURT ORDERS THAT: l. The petition be dismissed. 2. The petitioning creditor pay the debtor's costs of
and incidental to the hearings of 12 November and 1 December 1986, to be taxed.
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON
~
QLD P864 of 1986
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
Re: FRANK CAMPAGNA Debtor
Ex parte: CLIMAX ELECTRIC PTY. LTD.
Creditor
PINCUS J. 1 DECEMBER 1986
EX TEMPORE REASONS FOR JUDGMENT
This is a petition for sequestration of the estate of
Frank Campagna based upon a bankruptcy notice issued on 30 June 1986 in respect of a default judgment in the District Court of 2
May 1986.
The petitioning creditor is associated with another company, the name of which is Salchlor Pty. Ltd., and the point which has been taken is that, assuming that there 1s any debt owed by the judgment debtor in truth, it is not owed to the petitioning
creditor.
Salchlior Pty. Ltd. was incorporated on 10 December 1984. The debt upon which judgment was obtained was incurred about April 1985 to March 1986, that is, after the incorporation of Salchlor
Pty. Ltd. During the relevant period there were two forms of guarantee by the judgment debtor in force. One was dated 3 April 1985, and signed by, inter alia, the judgment debtor; it guarantees payment of Precise Pool Products' account in favour of Salchlor. Mr. Applegarth, on behalf of the judgment debtor, has pointed to the fact that there was a registered business name, Salchlior, which registration ceased on 31 October 1984, and asked me to infer that the guarantee was probably intended for Salchlor Pty. Ltd. Counsel for the judgment creditor made no further
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