Federal Court of Australia
CATCHWOROS
BANKRUPTCY - Bankruptcy Notices - application to set aside - counter-claim in conversion against Receivers and Managers of
creditor company - counter-claim not 'mutual and due in the same right' - whether counter-claim could not have been set up in the
action in which the judgments were obtained - whether a bona fide
claim - liability of Receivers and Managers appointed by the
Court discussed.
Bankruptcy Act 1966 (Cth) ss.40(1)(g) and 41(7).
ERNST ABRAHAM SIEWERTSZ VAN REESEMA
Judgment Debtor
AUSTRALIAN GROWTH RESOURCES CORPORATION PTY. LTD.
(Receivers and Managers Appointed)
Judgment Creditor
Fisher J.
Adelaide RECHA rey
30 MAR 1987
FEDERAL co AUSTRALIA. OF
PRINCIP, REGISTANE
27 March 1987
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF SOUTH AUSTRALIA
Re:
Ex Parte:
No.1167 of No.1168 of No.1169 of No.1170 of No.1171 of
ERNST ABRAHAM SIEWERTSZ 1986 1986 VAN REESEMA
Judgment Debtor
AUSTRALIAN GROWTH
RESOURCES CORPORATION PTY.
LTD.
(Receivers and Managers
Appointed)
Judgment Creditor
MINUTES OF ORDER
JUDGE MAKING ORDER
WHERE MADE
DATE OF ORDER
THE COURT ORDERS THAT:
on
FISHER J. ADELAIDE
27 MARCH 1987
1. The applications to set aside the bankruptcy notices be dismissed.
2. Pursuant to sub.s.41(7) of the Bankruptcy Act 1966 (Cth) time for compliance with the bankruptcy notices be
extended to and including 27 March 1987.
2. 3. The debtor do pay to the creditor its costs of the
proceedings, the same to be taxed if not agreed.
Note: Settlement and entry of order is dealt with in Bankruptcy
Rule 124. :1% « ' ' Me . 7 Fs J toy " ' Fy . ' 1 ' - ont ' ie ' , ' "see ' My ° ' ~ ' \ aot ' os wt ' ' 1 ' a ran , \ \ . aa L \ " .
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
No.1168 of 1986 No.1169 of 1986 No.1170 of 1986
No.1171 of 1986
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