Federal Court of Australia
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Nor foe DISTeeemon?
) I WESTERM AUSTRALIA DISTRICT REGISTRY »: NO. WAG 29 OF 1387 } GENERAL DIVISION J
ON APPEAL from aie single
judge of the Federal Court of Australia
BETWEEN: NEIL JAMES JOHN DUCKWORTH Appellant
AND:
ALAN KEVIN LOCKETT and ELIZABETH EVELYN LOCKETT
Respondents MINUTE OF ORDER JUDGES MAKING ORDER: FOX, JENKINSON AND WILCOX JJ. DATE OF ORDER: 22 MAY 1987 WHERE MADE: Perth. THE COURT ORDERS THAT: L. The appeal be dismissed. be The respondents costs of and incidental to the appeal
be taxel and paid out of the estate of the appellant with the priority given by the Act to the costs of the
petitionina creditor.
Note: Settlement and entry of orders 1s dealt with in cdrder 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 29 of 1987
ON APPEAL froma single judge of the Federal Court of Australia
BETWEEN : NEIL JAMES JOHN DUCKWORTH
Appellant AND:
KEVIN LOC and ELIZABETH EVELYN LOCKETT
Respondents
CORAM: FOX, JENKINSON AND WILCOX JJ.
DATE: 22 MAY 1987 REASONS FOR JUDGMENT
THE COURT:
This is an appeal from the making of a sequestration order against the estate of the appellant by a judge of this Court (Prench J.).
On 30 April 1986 the respondents obtained a default Judgment in the District Court for $21,583.12 against the
appellant.
On 20 dune 1986 a bankruptcy notice issued on the
application of the respondents requiring the appellant to pay the
amount of the judgment debt to the respondents within 14 days of
the service of the notice on him.
The bankruptcy notice was served on the appellant on 11
September 1986.
On 25 September, within the time allowed, the appellant
filed an affidavit in which he asserted that he had a counter-claim against the respondents for $23,000, plus interest. This affidavit related to para. 40(1)(q) and sub-s. 41(7) of the
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