Federal Court of Australia
< JUDGMENT No. S 13/22.
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF No. P.622 of 1987
THE STATE OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: JOHN HUNTER TOWERS Debtor
EX PARTE: MITCHELL'S CONCRETE PRODUCTS PTY LIMITED
Petitioning Creditor
CORAM: WILCOX J PLACE: SYDNEY DATE: 1 SEPTEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The matter be stood over until 9.30 a.m. on Thursday
3 September 1987.
2. The costs of today be reserved.
NOTE: Settlement and entry of orders 1s dealt with in Bankruptcy Rule 124.
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF No. P.622 of 1987
THE STATE OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: JOHN HUNTER TOWERS Debtor
EX PARTE: MITCHELL'S CONCRETE PRODUCTS PTY LIMITED
Petitioning Creditor
CORAM: WILCOX J PLACE: SYDNEY
DATE: 1 SEPTEMBER 1987
EXTEMPORE REASONS FOR JUDGMENT
This matter has been referred 1nto Court by the Registrar because there is a contest between the parties as to whether there ought to be a further adjournment of the hearing of the sequestration order. The bankruptcy petition is dated 26 February 1987 and it appears from an affidavit of service which 1s on the file that the petition was personally served upon the debtor on 7 May 1987. The petition discloses that
the petitioning creditor relies upon a judgment signed in the
2.
Supreme Court of New South Wales on 11 October 1983. The judgment debt was apparently $55,931.50, but with accrued interest the amount now claimed by the judgment creditor 1s
$85,685.47.
Apparently the debtor formed an intention of opposing the making of a sequestration order, but he took no steps to file a Notice of Opposition prior to the hearing of the bankruptcy petition, as required by Rule 20 of the Bankruptcy Rules. The matter came before the Court on 23 June when the debtor was represented and indicated that he desired to file a Notice of Opposition. By consent, orders were made by the Registrar requiring the debtor to file his Notice of Opposition within seven days, that is by 30 June, and his affidavits in support of his Notice of Opposition within 21 days. The matter was stood over until 4 August, upon the assumption that, by that time, all of the preliminary matters
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate