Federal Court of Australia
"kinmetact 7
CATCHWORODS
BANKRUPTCY - bankruptcy notice - extension of time for compliance - exercise of court's discretion - appeal from order creating judgment debt - appeal on technical points only.
Bankruptcy Act 1966 s.41(6A), (6C)
Re: Peter Donald Smith and Anor.
PINCUS J. BRISBANE 24 APRIL 1987
IN THE FEDERAL COURT OF AUSTRALIA ' GENERAL DIVISTON ) QLD BN377 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF OQOUERENSLAND )
RE: PETER DONALD SMITH and PAUL DESMOND FORSYTH
Judgnent Debtors
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 28 APRIL 1987 WHERE, MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application for an extension of time for compliance filed on 27 March 1987 is dismissed;
2. The applicant pay the respondent's costs of and incidental to the application to be taxed.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
~~
IN THE FEDERAL COURT OF AUSTRALTA GENERAL DIVISION
~~
OLD BN377 of 1987
~
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND )}
RE: PETER DONALD SMITH and PAUL DESMOND FORSYTH
Judgment Debtors
PINCUS J. 28 APRIL 1987
EX TEMPORE, REASONS FOR JUDGMENT
In this matter, on 3 March 1987 an applicaton was made for issue of a bankruptcy notice based upon a judgment obtained in the District Court on 13 February in the sum of 627,232.84,
together with a certain amount of interest.
The judgment was obtained onan application to his Honour Judge Quirk asserting that there was no defence to an action brought in that court, and it related to the sale of the Commonwealth Hotel, Roma, effected by a contract made in July last
year.
The evidence before me discloses that the contract was
completed in October, but the stock was not paid for. The contract contemplated that the stock would either be valued or an
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