Federal Court of Australia
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NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE SOUTHERN
) ) ) ) No. QLD P.675 of 1987 ) ) )
DISTRICT OF THE STATE OF QUEENSLAND
RE: JOHN WAYMOUTH AHERN
Debtor
EX PARTE: DEPUTY COMMISSIONER OF TAXATION
Petitioning Creditor
CORAM: WILCOX J PLACE: BRISBANE DATE: 29 JUNE 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. A sequestration order be made against the estate of
the debtor.
2. The costs of the petitioning creditor be taxed and
paid according to the Act.
2.
3. A draft of this order be delivered to the Registrar within seven (7) days in accordance with Bankruptcy sub-r.124(2).
NOTE:
Settlement and entry of orders is dealt with in Bankruptcy Rule 124.
vdoda de bow
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. OLD P.675 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN
DISTRICT OF THE STATE OF QUEENSLAND
RE: JOHN WAYMOUTH AHERN
Debtor
EX PARTE: DEPUTY COMMISSIONER OF TAXATION
Petitioning Creditor
CORAM: WILCOX J PLACE: BRISBANE DATE: 29 JUNE 1987
EXTEMPORE REASONS FOR JUDGMENT ON APPLICATION FOR ADJOURNMENT
"
odiclga dl b. &
I am of of the opinion that the application for an
adjournment of the hearing should not be granted.
The position, as appears from the evidence to which I have been taken, is that the solicitor for the debtor, Mr A B Carter, was informed on 1 April last by an officer of the Deputy Commissioner of Taxation of the possibility of bankruptcy proceedings being taken against the debtor. It
appears, according to the allegation in the petition, that a
2.
bankruptcy notice was served upon the debtor on 4 April 1987
requiring compliance on or before 27 April 1987. The petition was served on 14 May. There was apparently a delay of about 10 days in Mr Carter being instructed in the matter. But even if one counts from that time -- that is to say, 24 May -- a period of five weeks has elapsed. The petition was made returnable on Friday, 26 June; that is to say, last Friday.
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