Federal Court of Australia
JUDGMENT No, ©3, BS.
CATCHWORDS
Bankruptcy - Application to set aside bankruptcy notice claiming more than due under judgment - whether amount claimed to be due
under provisions of mortgage instrument 1s amount due under
judgment.
RE: RITA PHYLLIS HANLON; EX PARTE: EAGLE STAR NOMINEES LIMITED
No. B 1734 of 1987
BEAUMONT J. SYDNEY
4 MARCH 1988
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF
THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
Ne. B 1734 of 1987
CORAM: PLACE: DATE:
RE: RITA PHYLLIS HANLON
Debtor
EX PARTE: EAGLE STAR NOMINEES LIMITED
Judgment Creditor BEAUMONT J SYDNEY 4 MARCH 1988
MINUTES OF ORDER
THE COURT ORDERS THAT:
Note:
The time for making the application to review decisions of Registrar Inga be extended up to including 9 February 1988.
The judgment creditor pay the debtor's casts of application to extend time.
The decisions under review be affirmed.
The judgment creditor pay the debtor's costs of application for review.
the and
the
the
Settlement and entry of orders 1s dealt with in Rule
124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF No. B 1734 of 1987
THE STATE OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: RITA PHYLLIS HANLON
Debtor
EX PARTE: EAGLE STAR NOMINEES LIMITED
Judgment Creditor
CORAM: BEAUMONT J PLACE: SYDNEY DATE: 4 MARCH 1988
REASONS FOR JUDGMENT
On 6 February 1986, Eagle Star Nominees Limited ("the judgment creditor") obtained judgment in the Supreme Court of New South Wales against several defendants, including Rita Phyllis Hanlon, ("the debtor") in the sum of $172,977.25 and costs. On 8 May 1987, a bankruptcy notice was issued against the debtor; the notice recited that the judgment creditor "has claimed that the balance sum of $53,663.50 together with interest...making a total of $66,200.94 is still due by you ta the Cjudgment creditor] under a final judgment..."; the debtor was required, within 14
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