Federal Court of Australia
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"JUDGMENT No. FLOP none
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CATCHWORDS
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Bankruptcy - creditors petition —- debtor able but unwilling to pay
debts - whether sequestration ought to be made - costs.
Bankruptcy Act 1966 ss.40(1)(d)(i), 52(2)
Re: CLEMENS BACHMANN Ex parte: ETHEL DORAN
No. P. 368 of 1987
Sweeney J. Sydney 3 July, 1987
FEDERAL coy : AUSTRALIA. oF PA
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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
No. P. 368 of 1987
RE: CLEMENS BACHMANN
EX PARTE: ETHEL DORAN
THE COURT: Sweeney J.
PLACE Sydney
DATE
3 July, 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
The petition be dismissed. Debtor to pay petitioning creditor's costs of and incidental to petition up to 17 June 1987 when the debtor's affidavit
was served on the petitioning creditor and that the
petitioning creditor pay the debtor's costs of and incidental .
to the petition thereafter.
Note: Settlement and entry of orders is dealt with
in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No.* P. 368 of 1987
BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: CLEMENS BACHMANN
EX PARTE: ETHEL DORAN
THE COURT: Sweeney J.
PLACE : Sydney
DATE : 3 July, 1987 7
EX TEMPORE JUDGMENT
This is a creditor's petition by Ethel Doran, the creditor, against Clemens Bachmann, the debtor, in which the creditor alleged that the debtor was just and truly indebted to her in the sum of $16,839.65, being the amount due under the final judgments recovered in the District Court at Sydney on the 31st day of May 1982, together with interest thereon at 10 per cent per annum on reducing balances from time to time and costs taxed pursuant to such judgment, the consideration for such debt being wages, overtime and holiday pay due to the creditor for work done for the
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