Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION
~
QLD P983 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: EDWIN J. CARPENTER Debtor
EX PARTE: CITICORP FINANCE PTY. LIMITED
Creditor
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J.
DATE OF ORDER: 11 NOVEMBER 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
The petition be dismissed.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
—~
QLD P983 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
—_~
RE: EDWIN J. CARPENTER
Debtor EX PARTE: CITICORP FINANCE PTY. LIMITED
Creditor
PINCUS J. 11 NOVEMBER 1987 REASONS FOR JUDGMENT This is a petition for a sequestration order under the Bankruptcy Act 1966. The question is whether the petition was
presented by Citicorp Finance Pty. Limited. It was signed by one
Pauline Ann McLaughlin who swore in an affidavit of 22 June 1987:
"IT am the Manager of CITICORP FINANCE PTY. LIMITED
The deponent claimed to have authority under a power of attorney of 17 September 1986 to make the affidavit on 7 August 1987. The same deponent made a further affidavit including the assertion just quoted - i.e. "I am the Manager of Citicorp Finance Pty. Limited ..." On 8 October 1987 the Deputy Registrar issued a
certificate under r.22 drawing attention to the need to hand up
the power of attorney or a true copy to the Court on the return day. The following day Pauline Ann McLaughlin made a further affidavit to say, among other things, "I am the Recovery Manager for Queensland of Citicorp Finance Pty. Limited ..."" She referred to her last affidavit and said that since it was sworn, she had receive notice of revocation of her power of attorney and that the power of attorney "is now in favour of SYDNEY HERBERT HANNAH, the Operation Manager, and FREDERICK SPENCER SPACKMAN, the Manager of Mortgage Department for the Petitioner". Those gentlemen made an affidavit on the same day exhibiting a power of attorney and
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