Federal Court of Australia
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JUDGMENT No. 244 7..33_.
No. P.1028 of 1987
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IN_BANKRUPICY .4 'A OF VICTORI Re: CROWLEY CRENNAN A Debtor and Ex Parte: Tv Cc ~L_ AND OTHERS Petitioning Creditors
COURT: NORTHROP J. DATE : 16 MARCH 1988
PLACE: | MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
This is the return of a petition for a sequestration order aginst the debtor, Crowley Crennan. The petition is based upon an act of bankruptcy arising from the failure to comply with a bankruptcy notice issued pursuant to a judgment debt obtained by the 15 petitioning creditors against three defendants, including the debtor, Crennan. The petition was signed by three only of the 15 judgment creditors. The debtor has taken a number of grounds of objection to the making of the sequestration order. One of those objections only has been argued before me at present - namely, that the petition is invalid because it has not been
signed by all the judgment creditors. This objection is
2.
based upon the requirements of the Bankruptcy Act and the
form of the petition, namely that the petition must be signed
by the creditors, and the authority of the High Court in
Australian Workers' Union v Bowen (1946) 72 C.L.R. 575. That
authority states that if there are two or more creditors each creditor must sign the petition in conformity with the rules and the form of petition in the Act unless there is authorisation by all creditors to one person, or more' than
one person, to sign the petition on behalf of all the
creditors.
In the present case the petition was signed by
three of the creditors under the following notation:
"SIGNED by the Management Committee of the Petitioner who were authorised to act on behalf of the Petitioner namely GEOFFREY
COHEN, QUENTIN WILLIAM VAUGHAN WALLACE and PETER TREWIN by authority granted pursuant to
Paragraph 12 of a Partnership Deed executed the 3rd June 15980 by all the members of the partnership called "Corporate Jet Charter" of which partnership all the Petitioning Creditors are members."
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