Richman v Australia Bank [1987] FCA 817

JUDGMENT No, ou Zalaianeul dates

NOT SUITABLE FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) ) )

OF NEW SOUTH WALES AND THE No. P.2483 of 1987

AUSTRALIAN CAPITAL TERRITORY

ROBERT A. RICHMAN

Debtor

EX PARTE:

AUSTRALIA BANK

Creditor

EXTEMPORE REASONS FOR JUDGMENT

BURCHETT J.

In this matter the creditor relies on s.40(1)(h) of the

Bankruptcy Act 1966. The debtor, who appears in person, has

obtained legal advice, but has not filed any notice of opposition. He has not offered evidence, but he has. informed the Court that he does not concede the amount of the debt, though he

does say, "I feel I do owe some large amount."

On the evidence, the proper conclusion to reach is that the petition has been made out. The debtor did not use the language of paragraph (h), but in substance what he said was clearly to the effect specified in that paragraph. This is sufficient upon the authorities, among which it is enough to

refer to Re Hewson; Ex parte Sydney Stock Exchange Limited (1967)

10 F.L.R. 479, and particularly to what Gibbs J., as he then was,

said at pages 483 to 484.

Accordingly I propose to make a sequestration order. I am satisfied that the debtor has committed the act of bankruptcy alleged in the petition. I am satisfied of proof of the other matters of which s.52(1) of the Act requires proof. I note that Max Christopher Donnelly, a registered trustee, has consented to act as the trustee of the estate of the debtor. I make a sequestration order against the estate of the debtor. I order that costs including reserved costs, and any costs of the motion under s.50 which has been rendered otiose by my proceeding to hear the petition today, be taxed and paid according to the Act. I direct that a draft of this order be delivered to the Registrar