Federal Court of Australia
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CATCHWORDS
BANKRUPTCY - costs, of creditor's petition - ex parte order for extension of .time to comply - failure to inform petitioning creditor - search of file by petitioning creditor - petition dismissed - fault by both parties - practice as to service of ex parte orders.
Re: Paul Desmond Forsyth Ex parte: Cobport Pty. Ltd. Qld. P504 of 1987
PINCUS J. BRISBANE 19 JUNE 1987
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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
QLD P504 of 1987
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RE: PAUL DESMOND FORSYTH
Debtor EX PARTE: COBPORT PTY. LTD. Creditor MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE, OF ORDER: BRISBANE WHERE MADE: 19 JUNE 1987
THE COURT ORDERS THAT:
1. There be no order for costs in relation to the creditor's petition filed 3 April 1987 and supporting documents.
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
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IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION ) QLD P504 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: PAUL DESMOND FORSYTH
Debtor EX PARTE: COBPORT PTY. LTD. Creditor PINCUS J. 19 JUNE 1987
REASONS FOR JUDGMENT
This is a creditor's petition for a sequestration order. It is conceded that the petition should be dismissed. Mr. Templeton for the debtor says that it should be dismissed with costs, whereas Mr. O'Donnell for the creditor says the debtor
should pay the creditor's costs.
The creditor obtained a judgment in the District Court of Queensland on 13 February 1987 and caused a bankruptcy notice
based upon it to be served on 13 March 1987.
On 27 March 1987 an application was made for an extension of time for compliance with the notice. That application, which was made ex parte, was granted by a Deputy
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