Correia Fishing Company (WA) Pty Ltd v. Momber, R.C. [1987] FCA 177

: Wd For Conerd QM "T4777

IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) ) )

OF THE STATE OF

WESTERN AUSTRALIA NO. B4 OF 1987

RE: RENWICK CHARLES MOMBER

Debtor EX PARTE: CORREIA FISHING CO (WA) PTY LTD

Creditor

CORAM: FRENCH J. 23 March 1987

EX TEMPORE REASONS FOR JUDGMENT

On 7 January 1987 the creditor procured the issue of a

bankruptcy notice against the debtor in respect of a judgment of

$22,683.86 being a judgment that the creditor had obtained in action number 2723 of 1986 on 17 September 1986 in the District

Court.

The judgment was in fact for the amount of $18,866 plus $3,212.91 interest and costs to be taxed which were ultimately

allowed at $604.95.

The debtor seeks to set aside the bankruptcy notice so 1ssued and has filed an affidavit sworn 17 February 1987 in

Support of tnat application.

The affidavit indicates that in or about 1974 the debtor

began dealing with the creditor which was then operbeitg 'three

FEDERAL 2c J=7 CF AUSTAAL * PRINCIPAL REGISTPY

* 2 ' ey ote et

2.

fishing vessels. He purchased prawns from the creditor and established a market for those prawns in Sydney over a period of time. He claims to have had an agreement with the creditor in that he would supply the creditor's prawns exclusively to a number of interstate purchasers, among them Vincento Musumeci, trading as Waterfront Fisheries and a company Chien Wah and Co. Ltd in

Melbourne.

That agreement was said to have been made in 1974 and thereafter according to the debtor he supplied the creditor's

prawns to those two buyers, among others, on an exclusive basis.

The nature of the exclusivity 1s not elaborated.

In or about April 1985 the debtor says he entered into a contract to supply Waterfront Fisheries with a quantity of prawns and thereafter entered the contract with the creditor for the purchase of those prawns which were duly transported to the