Reynolds, D.M. Re Plaza Print Pty Ltd (In Liqu.) Ex parte [1988] FCA 191

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CATCHWORDS

BANKRUPTCY - Creditor's petition - Petition based on outstanding judgment debt ~ Notice of opposition - Whether judgment should be accepted as satisfactory proof of debt

owing to petitioning creditor - Whether petitioning creditor estopped from asserting that debt due - Whether debtor entitled to set off certain amounts against judgment debt -~ Whether miscarriage of justice.

Re: DAVZD MALCOLM REYNOLDS (Debtor)

Ex Parte: PLAZA PRINT PTY LIMITED (IN LIQUIDATION) (Petitioner)

No. P. 1422 of 1987

Neaves J. 14 April 1988

Canberra

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF _N SOUTH S_AND THE AUSTRALIAN CAPITAL TERRITORY

) ) ) ) No. P. 1422 of 1987 ) ) ) )

Re: DAVID MALCOLM REYNOLDS

Debtor

Ex Parte: PLAZA PRINT PTY. LIMITED CIN LIQUIDATION)

Petitioner

MINUTE OF ORDER

JUDGE MAKING ORDER : Neaves d. DATE OF ORDER : 14 April 1988 WHERE MADE Canberra

THE COURT ORDERS THAT:

1.

2.

A sequestration order be made against the estate of David Malcolm Reynolds.

The costs of the petitioning creditor, Plaza Print Pty Limited (In liquidation), other than the costs incurred in drawing, engrossing, filing and serving the amended and further amended petitions herein and the several affidavits verifying the same and the costs of the hearings before the Court on 27 November 1987, 3 and 21 December 1987 and 4

February 1988 be taxed and paid in accordance with the statute.

Note: Settlement and entry of orders 1s dealt with in rule 124

of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION No. P. 1422 of 1987 BANKRUPTCY DISTRICT OF THE STATE

OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

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Re: DAVID MALCOLM REYNOLDS

Debtor

Ex Parte: PLAZA PRINT PTY. LIMITED (IN LIQUIDATION)

Petitioner

CORAM: Neaves J.

DATE: 14 April 1988

REASONS FOR JUDGMENT