Federal Court of Australia
CATCHWORODS
BANKRUPICY - going behind judgment.
PARTNERSHIP - change in composition with partner.
Partnership Acts 1891-1965 (Q.)
Re: John Frederick Wright & Anor.
- onus
on creditor dealing
Ex parte: Hastings Deering (Queensland) Pty. Ltd.
Qld P754 of 1987
PINCUS J. BRISBANE 27 JULY 1987
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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON
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QLD P754 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND
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RE: JOHN FREDERICK WRIGHT and LINDSAY GEORGE WRIGHT Debtors
EX PARTE: HASTINGS DEERING (QUEENSLAND) PTY. LTD.
Creditor MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 27 JULY 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The petition be adjourned to a date to be fixed by the Registrar.
2. Costs be reserved.
NOTE: 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 )
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QLD P754 of 1987
mrNote
RE: JOHN FREDERICK WRIGHT and LINDSAY GEORGE WRIGHT
Fee meee ee mr oe ae a5 ~ tee fz
Debtors EX PARTE: HASTINGS DEERING (QUEENSLAND) PTY. LTD. Creditor te PINCUS gd. 27 JULY 1987 .
REASONS FOR JUDGMENT
ne on ee = en,
This 18 a creditor's petition for a sequestration order,
based on a judgment debt. One of the judgment debtors has already i: been made bankrupt without opposition, but the other debtor says that he is not truly liable and that I should go behind the I r
if
judgment. The two men were in partnership.
The question, to put it briefly, 1s whether the judgment fi debtor in question is liable as a partner for a debt incurred b~ after dissolution of the partnership, on the ground that he did
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