Re Hodby, B.P. v. Ex parte Kenny, J. [1987] FCA 438

CATCHWORODS

BANKRUPTCY - Security for costs - Application by debtor for security on application by creditor for declaration pursuant to

$.222 by Bankruptcy Act 1966 - Power of court to order security under Bankruptcy Act 1966 - Creditor's alleged impecuniosity

consequence of the actions of the debtor.

Bankruptcy Act 1966 ss.30(1), 32, 222 & 315.

Bankruptcy Rules Rule 14 Federal Court Act 1976 sub.s.56(1)

Federal Court Rules Order 1 rule 11

No. 3 of 1987 x

Re: BARRY PATRICK HODBY Debtor Ex Parte: JOHN KENNY Creditor Fisher J.

Adelaide

i3th August 1987

A

14 AUG 1987

FEDERAL COURT AUSTRALIA| OF PRINCIPAL

my REQISTAY an ~

RECEIVED

te ae eee eng er ee

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION No.3 of 1987 X

BANKRUPTCY DISTRICT OF THE STATE

ee Sw SS

OF SOUTH AUSTRALIA

Re: BARRY PATRICK HODBY * Debtor Ex Parte: JOHN KENNY

Creditor

FISHER J.

JUDGE MAKING ORDER

WHERE MADE ADELAIDE

DATE OF ORDER 13 AUGUST 1987

THE COURT ORDERS THAT:

1. This application be dismissed. 2. The debtor, Barry Patrick Hodby do pay the costs of

this application.

Note: Settlement and entry of order is dealt with in Bankruptcy

Rule 124.

yer

IN THE FEDERAL COURT OF AUSTRALIA )

) SOUTH AUSTRALIA DISTRICT REGISTRY)

GENERAL DIVISION No.3 of 1987 X

BANKRUPTCY DISTRICT OF THE STATE

OF SOUTH AUSTRALIA

Re: BARRY PATRICK HODBY

Debtor Ex Parte: JOHN KENNY

Creditor

REASONS FOR JUDGMENT

13 August 1987 FISHER J. : This is an application by Barry Patrick Hodby ("the

debtor") for an order that John Kenny ("the creditor") do furnish security for costs in relation to an application which he, as creditor, has made to this Court. The latter application was for a declaration pursuant to s.222 of the Bankruptcy Act 1966 ("the Act") that a Deed of Arrangement executed by the debtor is void or alternatively that the Deed be terminated. The creditor also