Federal Court of Australia
JUDGMENT No. .2SSronol L232
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF
NEW SOUTH WALES AND
AUSTRALIAN CAPITAL TERRITORY
No. W 1607 of 1987
Nee ee ee
Between: Kurt PICCARDI and Geraldine PICCARDI
Debtors
lz Q
George Gregory GRIVAS
Petitioning Creditor
CORAM: Einfeld J.
DATE: 7 September 1987
PLACE: Sydney
EX—-TEMPORE JUDGMENT
On 18 November 1986 Justice Neaves made a sequestration order against the debtors on the petition of the petitioning creditor. The matters now before the court in relation to that sequestration order are
applications by the debtors for rescission and/or annulment.
In circumstances set out in an earlier judgment of mine in this matter, before the applicants may proceed with their application for rescission, it is necessary for them to move to set aside the signing and sealing of
a sequestration order which ordinarily would preclude an application for
rescission.
This matter has been before the court now on a number of occasions and certain creditors have been represented in addition to the petitioning creditor. A number of procedural directions have been given in order to ready this matter for hearing today, and, as I am informed, these creditors have complied, as they have been advised, with those
procedural directions.
At the commencement of the hearing this morning, and without prior notice to the other parties or to the court, the petitioning creditor announced, through his solicitor, his withdrawal of his previous staunch and stout opposition to the applications made by the debtors. He announced also that he now consents to the setting aside of the sealing and signing of the sequestration order, and to the consequent rescission
and, if it be necessary, to annulment as well.
The legal representatives of four creditors assert an entitlement, as of law, to participate in and pursue opposition to the various applications made by the applicant. They say that if they do not have a right to he heard, they seek leave to be heard in opposition to the applicants'
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