Federal Court of Australia
| JUDGMENT Mo. 222. Baow
LIMITED DISTRIBUTION
F_AUS ) ) GENERAL DIVISION ) ) I ISDICATTON ) No. P26 of 1988 ) IN BANKRUPTCY )
B R 7 DISTRICT OF THE STATE OF VICTORIA
A Debtor
Patitisoning Creditor
ORDERS
RINGIPAL REGISTRY
: WOODWARD J.
MELBOURNE DATE _OF ORDER : 26 MAY 19383 OUR $ i L. Aa Sequestration Order be made against the estate of the Debtor. 2. Costs, including reserved costs, be in accordance
with the statute.
Date of Commission of Act of Bankruptcy: i+ July 1937.
Note: This order is to he settled and filed in accordance with rule 124 of the Bankruptcy Rules.
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r Ci F_AU: ) ) GENERAL DIVISION ) ) EXERCISING FEDERAL JURISDICATION ) No. P26 of 1988 ) IN BANKRUPTCY ) ¥ 3st. Vv OR Re: BRUCE. THOMAS FASHAM A Debtor Ex Parte: GENERAL CREDITS CIMITED Petitioning Creditor c : WOODWARD J
DATE: 26 MAT 1388 PLACE: MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
This is a contested bankruptcy petition. The sole ground of the contest is as to whether or not there was
proper personal service of the bankruptcy notice on the
debtor.
It is never easy in a case of conflicting avidence for a judge to be sure of what actually happened om the day in question. We do not have any magical power which enables us to tell truth from fiction. We can only do the best that we are able to , relying upon our impression of the people
who have given evidence and of the surrounding circumstances
of the case.
ts In this matter the process server gave his evidence firmly. His account was circumstantial and convincing. There would be no reason to doubt him were it not for the conflicting evidence which has been led. In favour of his account is the fact that I find it inherently unlikely that an axperienced process server would have acted as he 15 alleged to have acted - serving the document on the wrong premises to a person who had not identified himself as the debtor and was in fact a different person, and then swearing an affidavit which recorded the correct pramiseas, and set out
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