Federal Court of Australia
gupquent vn 5/7 BE:
CATCHWORDS
Bankruptcy - Presentation by debtor of own petition - whether
bankruptcy should be annulled as an abuse of process.
RE: DELIA MARY CROWL; EX PARTE KLEINWORT BENSON AUSTRALIA LTD.
No. W188 of 1988
Beaumont J Sydney
29 February 1988
IN THE FEDERAL COURT OF AUSTRALIA )
) BANKRUPTCY DISTRICT OF THE STATE OF')
) No. W188 of 1988 NEW SOUTH WALES AND THE AUSTRALIAN )
)
CAPITAL TERRITORY )
RE: DELIA MARY CROWL EX PARTE: KLEINWORT BENSON AUSTRALIA
LIMITED CORAM: BEAUMONT J PLACE: SYDNEY , DATE: 29 FEBRUARY 1988
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The bankruptcy of Delia Mary Crowl by virtue of the presentation of her own petition on 11 February 1988
be annulled.
2. Delia Mary Crowl pay the costs of Kleinwort Benson Australia Ltd. of this application.
Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
BANKRUPTCY DISTRICT OF THE STATE OF) ) No. W188 of 1988
NEW SOUTH WALES AND THE AUSTRALIAN ) )
CAPITAL TERRITORY ) RE: DELIA MARY CROWL
EX PARTE: KLEINWORT BENSON AUSTRALIA LIMITED
CORAM: BEAUMONT J . PLACE: SYDNEY DATE: 29 FEBRUARY 1988
REASONS FOR JUDGMENT
Kleinwort Benson Australia Limited ("KBA") seeks ta annul the bankruptcy of Delia Mary Crowl in the following circumstances. On 3 July 1986, judgments were entered in the Supreme Court of New South Wales that Mrs. Crowl pay to KBA_ the sums of $1,399,085.81 and $834,879.82. On 18 October 1986, KBA served on Mrs. Crowl two 21 day bankruptcy notices based on these judgments. Mrs. Crowl did not comply with these notices. On 39 December 1986, KBA presented a petition seeking the sequestration
of the estate of Mrs. Crowl under the Bankruptcy Act 1966 ("the Act"), alleging that Mrs. Crowl had committed an act of bankruptcy by failing to comply with the bankruptcy notices previously mentioned. On 6 May 1987, Jackson J. made a sequestration order. Mrs. Crowl appealed and on 10 July 1987, a Full Court, by a majority, allowed the appeal, set aside the sequestration order and dismissed KBA's petition. On 11
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