Re Gleeson, G. & Anor v. Ex parte Richardon, K.J. & Anor [1987] FCA 56

S6 LIMITED DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) EXERCISING FEDERAL JURISDICTION ) No. P32 of -1986 ) We, IN_BANKRUETCY ) SS

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: NORTHROP J.

DATE: 11 FEBRUARY 1987

PLACE: MELBOURNE

REASONS FOR JUDGMENT

The petition of the judgment creditors for a

sequestration order against the estate of the judgment debtors came on for hearing on 30 October 1386. The judgment debtors made application that the hearing of the petition be adjourned pending the hearing and determination of an appeal against the judgment which formed the basis for the petition. The judgment creditors opposed chat application. After hearing evidence and submissions, the Court ordered that the

hearing of the petition be adjourned to 15 June 1987 and made

bal

a nmumoer of consequential orders. The Court announced that 1t would publish its reasons ror granting the adjournment at

a later date. Those reasons are now published.

The judgment debtors are husband and wife. The qudgment creditors are the father, mother and brother, respectively, of the judgment debtor Raelene Cheryl

Richardson. The petition is founded upon the failure by the

judgment debtors to comply with a bankruptcy notice in which the judgment credators claimed that the sum of $285,000 was due by the judgment debtors, as defendants, under a final judgment chtained by the judgment creditors, as plaintiffs, against them in the Supreme Court of Victoria on 25 March

1986.

The judgment in the Suprema Court was given at the

conclusion of a trial extending over seven days relating to

the sale of a business by the judgment debtors to the

judgment creditors. The relevant part of the judgment of the