Mader, Re F.H. Henderson, Ex Parte L.E. [1986] FCA 632

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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON

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QLD P654 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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RE: FRITZ HEINRICH MADER EX PARTE: LLOYD EDWARD HENDERSON

MINUTES OF ORDER

JUDGE MAKSNG ORDER: PINCUS @. DATE OF ORDER: 9 OCTOBER 1986 WHERS MADE: BRISBANE

THE COURT OPDERS THAT:

1. I find the act of bankruptcy alleqed in the petition.

I am satisfied of the proof of the other matters of which the Act requires proof.

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3. I make a sequestration order in respect of the estate of the debtor.

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The costs of the petitioning creditor of and incidental to the proceedings, including reserved

costs, be taxed and vaid in accordance with the Act.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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QLD P654 of 1986

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RE: FRITZ HEINRICH MADER

EX PARTE: LLOYD EDWARD HENDERSON

PINCUS J. 9 OCTOBER 1986

EX TEMPORE REASONS FOR JUDGMENT

This is a petition for a sequestration order by Mr. L.E&. Henderson, alleqing that he lent the dehtor the sum of $20,900 in May 1985. I dealt at the hearing with what might be described as procedural aspects of the matter, but reserved my decision because

I was uncertain as to 1ts substantive aspects.

The petition alleges the commission of an act of bankruptcy, namely the giving of notice to creditors that the debtor has suspended, or was about to suspend payment of his

debts. I am satisfied that he gave such notice,

A more difficult question, however, which is discussed in an interlocutory judgment given on 17 July 1986, 1s whether or not the petitioner is a creditor. The matter depends, in essence,

upon the effect to be given to a document, being annexure "A" to