Federal Court of Australia
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BANKRUPTCY - Creditors Petition based on bankruptcy notice -
bankruptcy notice demanding payment of judgment debt - application
to set aside bankruptcy notice - requirements for affidavit as to
counter-claim, set-off or cross demand - prima facie case - mere assertion insufficient - affidavit defective - no statutory extension of time - power of Court to extend time - abortive
attempt to set aside judgment - dilatory conduct by debtor - discretion of court to refuse extension of time - consequential
dismissal of application to set aside notice - discretion to
refuse sequestration order - sequestration order made.
Bankruptcy Act 1966 s.30(1), s.41
Ebert v Union Trustee Co. of Australia Ltd (1960) 104 CLR 346; Re:
Billinghurst; Ex parte Australia and New Zealand Banking Grou Limited (1978) 36 FLR 62, Re: Brink Ex parte The Commercial Banking Company of Sydney Ltd (1980) 44 FLR 135; Vogwell v Vogwell (1939) 11 ABC 83; Eastick v Australia and New Zealand Banking
Group Ltd (1981) 53 FLR 91; Re: Sterling; Ex parte Esanda Ltd
(1980) 44 FLR 125
RE; NEIL JAMES JOHN DUCKWORTH EX PARTE: ALAN KEVIN LOCKETT and ELIZABETH EVEYLN LOCKETT NO P635 OF 1986
FRENCH J. 12 February 198% PERTH
as
IN THE FEDERAL COURT
) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF )
)
WESTERN AUSTRALIA NO. P635 OF 1986
RE NEIL JAMES JOHN DUCKWORTH Debtor
EX PARTE: ALAN KEVIN LOCKETT AND ELIZABETH EVELYN LOCKETT
Creditors MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 12 February 1987
WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The application to extend the time limited for
compliance with the bankruptcy notice be dismissed.
2. Application to set aside the bankruptcy
dismissed.
Note: Settlement and entry of orders 1s dealt with in Rule 124 of the Bankruptcy Rules.
notice
IN THE FEDERAL COURT OF AUSTRALIA
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