Federal Court of Australia
JUDGMENT No. 149.782 CATCHWORDS
Bankruptcy - creditor's petition - act of bankruptcy alleged was the suspension of the payment of debts - an agreement to call a meeting of creditors did not necessarily amount to notice of suspension or intention to suspend payment of debts - no communication or notice of the suspension or intended suspension of the payment of debts - act of bankruptcy must be strictly and properly proved.
Bankruptcy Act 1966
No. 1214 of 1986
ADRIANUS CORNELIS PENNING & DEBRA JOY PENNING ex parte STATE BANK
OF SOUTH AUSTRALIA
FORSTER, J. ADELAIDE
23 DECEMBER, 1987
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IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY } GENERAL DIVISION No. 1214 of 1986
BANKRUPTCY DISTRICT OF THE STATE
ee ww
OF SOUTH AUSTRALIA
Re: ADRIANUS CORNELIS PENNING and DEBRA JOY PENNING
Debtors Ex Parte:
STATE BANK OF SOUTH AUSTRALIA
A Creditor
JUDGE MAKING ORDER
FORSTER J.
ADELAIDE
WHERE MADE
DATE OF ORDER
23 DECEMBER, 1987
THE COURT ORDERS THAT:
1. The petition be dismissed with costs.
Note: Settlement and entry of order is dealt with in Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION No. 1214 of 1986
BANKRUPTCY DISTRICT OF THE STATE
wee ewe Sw
OF SOUTH AUSTRALIA
Re: ADRIANUS CORNELIS PENNING and DEBRA JOY PENNING
Debtors
Ex Parte: STATE BANK OF SOUTH AUSTRALIA
A Creditor
REASONS FOR JUDGMENT
FORSTER J. :
The State Bank of South Australia ("the Bank") petitions for the sequestration of the estates of Adrianus Cornelis Penning ("Penning") and his wife Debra Joy Penning ("Mrs. Penning"). The act of bankruptcy alleged in the petition is contained in s.40(1)(h) of the Bankruptcy Act 1966 which is as follows:
"40(1) <A debtor commits an act of bankruptcy...
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