Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION )
QLD P662 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: WILLIAM BRIAN COOK
Debtor
EX PARTE: INGLES & TIFFIN (A FIRM)
Creditor MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J.
DATE OF ORDER:
17 JULY 1987
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
Ll. 2.
The petition be adjourned to a date to be fixed;
Notice of fixation of the date is sufficiently given by notice to the present solicitors acting for the parties.
Costs be reserved.
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules. SE ¢ \
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IN THE FEDERAL COURT! OF AUSTRALIA ) GENERAL DIVISION ) QLD P662 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )}
RE: WILLIAM BRIAN COOK Debtor
EX PARTE: INGLES & TIFFIN (A FIRM)
Creditor
PINCUS J. 17 JULY 1987
EX TEMPORE REASONS FOR JUDGMENT
In this matter, the judgment debt is a sum of $1,431.38. The debt in question is not one sufficient to found a petition
under s.44(1) of the Bankruptcy Act 1966. However, there is
another small amount of money due which takes it above that.
Recently, the court in which the judgment was entered, the Magistrates Court, has made an order (it seems common ground) which has had the effect of deferring payment of the judgment so
that it becomes payable by instalments of $100 per month.
Mr. Morton, who has argued the matter helpfully on behalf of the petitioning creditor, has drawn my attention to the
decision of the High Court in Cain v. Whyte (1932-33) 48 C.L.R.
639. He says, and it seems to me correct, that the decision of a
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Court, although no reasons were given, is useful authority on the extent of the Court's discretion to decline to make a
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