Hedin v Malinex Pty Ltd (In Liquidation) [1987] FCA 833

Judgment No. [1987] FCA 833 IN THE FEDERAL COURT OF AUSTRALIA

No. P.779 of 1986 No. P.780 of 1986

BANKRUPTCY DISTRICT OF THE STATE

OF VICTORIA

RE: SVEN BO ANDERS HEDIN and DOROTHY MAY HEDIN

EX PARTE: MALINEX PTY. LTD. (In Liquidation)

Coram: Ryan J. Date: 9 June 1987

Place: Melbourne

REASONS FOR JUDGMENT

By these petitions the petitioning creditor seeks

sequestration orders against the respective estates of the

debtors based on their non-compliance with a bankruptcy notice dated 9 -December 1985. Each bankruptcy notice required payment of $12,200 being the amount of a judgment obtained against each of the debtors in the County Court of Victoria on 19 November 1985 by way of damages for conversion

of a truck.

The first-named debtor applied to set aside the bankruptcy notice, and on 21 July 1986 that application was

dismissed by Northrop J. Thereafter the present petition was

issued against him on 5 August 1986. In the meantime a petition had been issued against the second-named debtor on 29 May 1986. On 24 September 1986 the first debtor gave

notice of intention to oppose the petition against him on the

following grounds:

"1. IT have a counterclaim against the Petitioning Creditor in the sum of $32,693.75 being a sum in excess of any debt owing to the Petitioning Creditor.

2. On the 10th day of July, 1986 Formal Proof of Debt of Claim was lodged with the Liquidator of the Petitioning Creditor herein in the sum of $32,693.75.

3. This sum is far in excess of any sum due to the Petitioning Creditor.

4. On or about the 2nd day of September, 1986 the Debtor received from the Liquidator of the Petitioning Creditor herein a letter enclosing a Notice Requiring Further Evidence in Supporting Formal Proof of Debt or Claim, and stating that the claim was neither accepted nor rejected.

5. Some Further Evidence has been provided but to provide the remainder of Further Evidence referred to, the Debtor requires access to the records held by the Liquidator. The Liquidator has agreed to make the records available but has not yet done so.