Federal Court of Australia
} , Not for distribution
IN THE FEDERAL COURT OF AUSTRALIA ) VA ) GENERAL DIVISTON ) Qld. Petitions 788 and 1337 of 86 Gy { Y
BANKRUPTCY DISTRICT OF THE SOUTHERN }
) DISTRICT OF THE STATE OF QUEENSLAND )
2 AFEB 1987
FEDERAL eotiay OF
AUSTALIA PAINGIE GE RESUS AY
RE: COHN WILLIAM JACKSON and SUSAN —" JACKSON ee
EX PARTE: NATIONAL WESTMINSTER FINANCE (AUSTRALIA) LIMITED
SPENDER J. BRISBANE 20 NOVEMBER, 1986.
REASONS FOR JUDGMENT
This is an application that the hearing of a creditor's petition be adjourned. It does have a number of quite unusual
features.
There are two associated creditor's petitions: onea joint petition against Mr. & Mrs. Jackson, which petition is
number 788 of 1986; and the second is a petition against John
William Jackson solely, that petition being number 1337 of 1986.
It suffices for present purposes to confine consideration to the petition against Mr. Jackson personally. That petition is founded on a judgment of the Supreme Court of Queensland of the 14th May 1986, in which judgment was obtained
against both Mr. Jackson and his wife in default of appearance in
a Supreme Court proceedings number 1640 of 1986.
The judgment sum and the amount in which the hankruptcy notice issued is 5§2,084,263.12. The material shows that this debt 1s founded on guarantees given by a number of companies as
well as by John William Jackson and Maxene Susan Jackson.
The application for an adjournment was made by Sterling Industries Limited (Receivers and Managers appointed), ("Sterling Industries"). As will later appear, Sterling Industries is an unsecured creditor of Mr. Jackson to the extent of $3,250,000.00 as a consequence of a judgment entered against him in the Federal Court of Australia, Sydney. That order was made by his Honour,
Mr. Justice Neaves, on 29 April 1986.
By a notice of motion filed in court, Sterling Industries sought amongst other things an order that Sterling Industries "be heard in opposition to the making of a sequestration order against the estate of the debtor", an order that Sterling Industries "be granted leave to intervene in these proceedings", and "an order adjourning the hearing of the
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