Federal Court of Australia
JUDGMENT No, 2307.85.
BANKRUPTCY - creditor's petition - discretion to dismiss on grounds of futility - debtor member of religious order - 12 years'
standing - sworn vows of poverty - no assets - debt incurred on
court order for costs.
Bankruptcy Rules r.20 Lewis' Australian Bankruptcy Laws 8th Ed. pp.77-78
In Re Leonard.Ex parte Leonard. [1896] 1 QB 473
In Re Betts. Ex parte Betts. [1897] 1 QB 50 Bayne v Blake (1909) 9 CLR 360
Re Hay (1914) 110 LT 47 In Re Field (A Debtor) [1978] Ch. 371
PATRICK MICHAEL DARCEY and THE PRE-TERM FOUNDATION
Appeal No. G520 of 1986
Fox, Wilcox and French JJ. Sydney 23 May 1988
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
eed
Appeal No. G520 of 1986
BETWEEN: PATRICK MICHAEL DARCEY Appellant
and
THE PRE-TERM FOUNDATION
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER: FOX, WILCOX AND FRENCH JJ. DATE OF ORDER: 23 MAY 1988
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
Note: Settlement and entry of orders is set out in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT ) OF AUSTRALIA ) NEW SOUTH WALES ) DISTRICT REGISTRY ) GENERAL DIVISION )
Appeal No. G520 of 1986
BETWEEN: PATRICK MICHAEL DARCEY Appellant
and
THE PRE-TERM FOUNDATION
Respondent CORAM: FOX, WILCOX, FRENCH JJ. 23 MAY 1988 REASONS FOR JUDGMENT FOX J.: The Court will deliver judgment in this matter now. I
will ask Mr Justice French to deliver the first judgment.
FRENCH J.:
This is an appeal from an order of a judge of this Court sequestrating the estate of the appellant on the petition of the respondent. The respondent's petition relied upon non-compliance with a bankruptcy notice wherein demand was made for payment of $4,076.96, being moneys due under a judgment obtained in the Local
Court of New South Wales on 6 December 1985.
Upon the hearing of the petition there was before the Court a notice of opposition filed by the appellant together with a supporting affidavit sworn by him. These had been filed on the day before the hearing and therefore two days outside the minimum
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