Wojtczuk, Krzystof (Male) Re Zoltowski, Arek Ex parte [1988] FCA 215

JUDGMENT No. AS LSS.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUTPCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA

NO. P115 of 1988

Re: KRZYSTOF WOJTCZUK (Male) Debtor

EX Parte: AREK ZOLTOWSKI

Creditor

MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 12 MAY 1988

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The debtor's estate be sequestrated. 2. The costs of the petition be taxed and paid according to the Act.

Note: Settlement and entry of orders is dealt with in

Rule 124 of the Bankruptcy Rules.

4 SPAY i733

TEDERAL COURT QF AUSTRALIA

PRINCIPAL, REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA

LIMITED DISTRIBUTION

No. P115 of 1988

Re: KRZYSTOF WOJTCZUK (Male) Debtor

Ex Parte: AREK ZOLTOWSKI Creditor

CORAM: FRENCH J. 12 May 1988

REASONS FOR JUDGMENT

On 4 February 1987 Arek Zoltowski obtained judgment in the Local Court of Western Australia against Krzystof Wojtczuk for a sum of $7,368.94. The judgment was not satisfied and on 16 November 1987 Zoltowski procured the issue of a bankruptcy notice against Wojtczuk which was served on 25 November. On 4 December Wojtczuk filed an application to set aside the notice, but this was dismissed by the Registrar in Bankruptcy on 8 February 1988. The notice was not complied with and on 8 February 1988, a creditor's petition issued. The petition was served on 24 February, endorsed with notice of hearing for 22 March. On that day both creditor and debtor appeared before the Registrar by counsel and the petition was adjourned with an order tnat the debtor file and serve any notice of opposition and supporting affidavit by 29 March. Affidavits in reply were to be filed by 6 April. When the matter came on again on 11 April it was' adjourned by the Acting Registrar to 19 April. At that time the debtor had