Re Deputy Commissioner of Taxation v. Ex parte D.F. Bledsoe [1987] FCA 451

, Not for distribution

€ JUDGMENT No.4 OE, ne

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD PET 978 of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: DARRYL F. BLEDSOE EX PARTE: DEPUTY COMMISSIONER OF TAXATION

SPENDER J. BRISBANE 3 AUGUST 1987

EX TEMPORE REASONS FOR JUDGMENT

The debtor seeks an adjournment of a creditor's petition

against him.

The case for which I was dredging my memory before was

Re William John Gleeson; ex parte Queensland Druggists Limited

(unreported, 26.11.84). I gave judgment in that matter on 26 November 1984. In that case there was an application for an adjournment made by Mr. Gleeson and, on the morning of the adjourned hearing of the creditor's petition, counsel told me that Mr. Gleeson, the debtor, had on the previous Friday signed

an authority for a registered trustee to call a meeting and take

control of his property.

In that case, I referred to the judgment of Mr. Justice

Riley in Re Venetoulis; Ex parte Calsil Ltd. (1976) 1 at p. 626, where Mr. Justice Riley said:- "

25 AUC 87

ERAL CouveaT OF FED AUSTRALIA

PAINCIPAL REGISTRY

"On 1 June 1976 Calsil Ltd. filed a creditor's petition for a sequestration order against M.B. (Michael) Venetoulis. The return date of the petition was 18 August 1976. On that day I was told that on 11 August the debtor had signed an authority under s.188 of the Bankruptcy Act, that a registered trustee had consented in writing to exercise the powers conferred by the authority, and that a meeting of creditors was to be held soon. I thereupon adjourned the further hearing to 14 September, on which day 1t was, by consent, further adjourned to 29 September."

In reliance on those observations, it was submitted for the debtor that, in the ordinary course, the matter should be

adjourned so that the views of the creditors as a whole could be