Federal Court of Australia
CATCHWORDS
BANKRUPTCY - going behind judgment debt - failure of debtor to argue counterclaim at trial - exercise of Court's discretion.
EVIDENCE - hearsay - whether permissible in bankruptcy jurisdiction - application of general practice of courts.
Bankruptcy Act and Rules, r.132{(1)(c)
Re: Deborah Anne Tosweil Ex parte: Kimberley N.@.1I. Finance Limited
Qld. Pi59 of 1987
PINCUS J. BRISBANE
1 MAY 1987
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION
~
QLD PET 159 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND )
~
RE: DEBORAH ANNE TOSWELE
Debtor EX PARTE: KIMBERLEY N.Z.I. FINANCE LIMITED
Creditor ! MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J.
DATE OF ORDER: 1 MAY 1987
WHERE MADE: BRISBANE
THE COURT:
i. Makes a sequestration order against the estate of the debtor.
2. Orders that the petitioning creditor's costs of and incidental to the petition in this matter be taxed and paid in accordance with the Bankruptcy Act
1966.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
Met
IN_ THE FFDERAL COURT OF AUSTRALTA )
GENERAL DIVISION ) QLD PET 159 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: DEBORAH ANNE TOSWELL
' Debtor
EX PARTE: KIMBERLEY N.Z.I. FINANCE LIMITED
Creditor
PINCUS J. 1 MAY 1987
REASONS FOR JUDGMENT
This is a creditor's petition for a sequestration order under the Bankruptcy Act 1966. The debtor has given notice of
intention to oppose the petition, and affidavit material has been
filed.
Counsel for the petitioning creditor objected that the material is in large part hearsay, and so it is. The Bankruptcy Act does not say in what circumstances the Court may act upon hearsay, nor do the rules say so. It is my view that the intention probably was that the Court would apply the practice applicable in courts generally, namely that hearsay is receivable in interlocutory proceedings only; r.132(1)(c) plainly implies
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