Federal Court of Australia
——
*
IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION ) QLD. PET. NO. 656 of 1986
BANKRUPTCY DISTRICT OF THE SOUTHERN ) )
DISTRICT OF THER STATE OF QUEENSLAND )
RE: DAVID CATRNS
EX PARTE: CHILD & HENRY PUBLISHING PITY. LIMITED
SPENDER J.
BRISBANE
25 MAY 1987.
PEASONS FOR JUDGMENT
This 1¢ a contested creditor's petition in which the judqment debtor, David Cairns, seeks to have the Court go behind the judgment debt relied on in the petiticn of Child & Henry Publisning Pty. Limited, on the ground that the debt upon which the default judgment was entered and which founds the petition was properly owed by a company, David Cairns and Associates Pty.
Ltd. and not by David Cairns.
On 26 September 1983, Child & Henry Publishing Pty. Limited obtained judgment in the sum of $63,540.43 and $359.00
costs against the judgment debtor in the Supreme Court of New
South Wales. A Bankruptcy Notice in respect of the total of that amount was issued out of the Bankruptcy District of the Southern District of Queensland on 15 November 1985. An affidavit of service deposing to service of that Bankruptcy Notice on 9 March 1986 at an address in Cleveland, Brisbane, is sworn to. On 20 June 1986, one Bernard Luton deposes to the fact that no affidavit of counter-claim, set-off or cross-demand has been filed nor has there been a securing of the sum referred to in the Bankruptcy Notice to the satisfaction of the Court. nor any application in that regard. There was no application to set
aside the Bankruptcy Notice.
A Creditor's Petition dated 12 June 1936 was issued out
of th
fh)
Federal Court and an affidavit of service of the petition deposes to service on 1C duly 1986 at the same address in Cleveland. The Creditor's Petition was returnable before the Federal Court on 18 August 1986. On that day a Notice of Intention to Oppoge Petition was filed by leave, notwithstanding the requirements of Rule 209. The affidavit material in suoport of the Notice of Motion to oppose the creaitor's petition was
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