Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA ) gp! GENERAL DIVISION re ) ora
BANKRUPTCY DISTRICT OF THE SOUTHERN )
DISTRICT OF THE STATE OF QUEENSLAND )
QLD P788 of 1986
RE: JOHN WILLIAM JACKSON and MAXENE SUSAN JACKSON
EX PARTE: NATIONAL WESTMINSTER FINANCE AUSTRALIA
LIMITED
QLD P1337 of 1986 RE: JOHN WILLIAM JACKSON
EX PARTE: NATIONAL WESTMINSTER FINANCE AUSTRALIA
LIMITED
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 6 JULY 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
The costs of National Westminster Finance Australia Limited, limited to the sum of $2,000, be paid as petitioning creditor's costs under s.109(1)(a) of
the Bankruptcy Act.
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 )
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND
~
~
QLD P788 of 1986 RE: JOHN WILLIAM JACKSON and MAXENE SUSAN JACKSON
EX PARTE: NATIONAL WESTMINSTER FINANCE AUSTRALIA LIMITED
QLD P1337 of 1986 RE: JOHN WILLIAM JACKSON
EX PARTE: NATIONAL WESTMINSTER FINANCE AUSTRALIA LIMITED
PINCUS J. 6 JULY 1987
EX TEMPORE REASONS FOR JUDGMENT
In this matter a rather complicated dispute has arisen with respect to costs. There are the costs of two parties involved. One 1s National Westminster Finance Australia Limited, which has issued two petitions, and the other is Sterling
Industries Limited (Receivers and Managers Appointed).
It seems to me that, insofar as Sterling Industries
Limited's costs are concerned, they really depended upon success in the petition. As has been pointed out, the orders which have been made did not entitle them to any costs; they merely entitled them to have such priority as the petitioning creditors got under s.109(1)(a).
tia te BNP
The question whether they get any costs at all is another matter. Their purpose seems to have been to achieve the result, as Mr. Sullivan has said, of forcing a disgorgement of the $3 million otherwise than through bankruptcy proceedings, and I think he is correct in saying their purpose has failed, through no
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