Re Manson, R. & Anor v. Ex parte Holden, A. [1987] FCA 84

Judgement No. BA. snd

CATCHWORDS

BANKRUPTCY - Bankruptcy notice - Validity - Notice based on judgment of Supreme Court of the Australian Capital Territory - Judgment entered by consent after moneys paid into Court ~ Moneys not accepted in satisfaction of cause of action - Moneys paid in directed to be paid out in part satisfaction of judgment - Delay in payment out - Whether sum specified in notice overstated by claiming interest on full amount of judgment debt between date of entry and date of receipt of moneys paid into Court.

Bankruptcy Act 1966 (Cth), sub-s.41(5)

Australian Capital Territory Supreme Court Act 1933 (Cth), s.54 Rules of the Supreme Court of the Australian Capital Territory, Orders 26, 42A

Re ROY ALLAN MANSON and KEITH MICHAEL SLATER (Judgment Debtors) Ex parte ROY ALLAN MANSON (Applicant) ALEXANDER WILLIAM GEORGE HOLDEN (Respondent)

No. ACT G 131 of 1986

Neaves J. 25 February 1987

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE

No. ACT B 131 of 1986

STATE OF NEW SOUTH WALES AND

THE AUSTRALIAN CAPITAL TERRITORY

Re: ROY ALLAN MANSON and KEITH MICHAEL SLATER

Judgment Debtors Ex parte: ROY ALLAN MANSON Applicant ALEXANDER WILLIAM GEORGE HOLDEN

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : 25 February 1987 WHERE MADE : Canberra

THE COURT ORDERS THAT:

1.

The application dated 28 November 1986, in so far as it seeks an order that the bankruptcy notice

herein dated 22 October 1986 be set aside, be dismissed.

The time for compliance with the said bankruptcy notice be extended up to and including 4 March 1987.

The applicant Roy Allan Manson pay the respondent's costs of the application.

Note: Settlement and entry of orders is dealt with in rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION