Re Gates, J.K. v. Ex parte Capita Financial Group Ltd [1988] FCA 30

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION No. B 5694 of 1987 BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

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Re: JEFFREY KENNETH GATES Judgment Debtor

Ex parte: CAPITA FINANCIAL GROUP LIMITED (formerly known as The City | Mutual Life Assurance Society Limited)

Judgment Creditor

MINUTE OF ORDER

JUDGE MAKING ORDER Neaves J. DATE OF ORDER : 12 February 1988

WHERE MADE : Canberra

THE COURT ORDERS THAT:

1. The application dated 22 December 1987 to set aside Bankruptcy Notice No.B5694 of 1987 be dismissed.

2. The judgment debtor pay the judgment creditor's costs of the application.

Note: Settlement and entry of orders is dealt with in rule 124 of the Bankruptcy Rules.

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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE

) ) ) ) No. B 5694 of 1987 ) ) AUSTRALIAN CAPITAL TERRITORY )

Re: JEFFREY KENNETH GATES

Judgment Debtor

Ex parte: CAPITA FINANCIAL GROUP LIMITED

(formerly known as The City Mutual Life Assurance Society

Limited)

Judgment Creditor

CORAM: Neaves J.

DATE: 12 February 1988

REASONS FOR JUDGMENT

| This is an application by Jeffrey Kenneth Gates

("the judgment debtor") for an order setting aside a bankruptcy notice (No. B 5694 of 1987) issued against him on 12 November 1987. Alternatively, he seeks an order that

further proceedings under the bankruptcy notice be stayed.

The bankruptcy notice was issued on the application of Capita Financial Group Limited, formerly known as The City Mutual Life Assurance Society Limited ("the judgment creditor"). The notice is based upon a final order for costs obtained by the judgment creditor against the judgment

debtor in the High Court of Australia on 20 February 1986.

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It required the judgment debtor, within 28 days after service of the notice upon him, to pay to the judgment creditor the sum of $6,704.76 or to secure the payment of that sum to the satisfaction of the Federal Court of Australia or the judgment creditor or to compound that sum to the satisfaction of the judgment creditor. The bankruptcy notice was served on the judgment debtor on 2