Federal Court of Australia
201 SS
wee CATCHWORDS
BANKRUPTCY - Petition for sequestration order - failure of debtor (a solicitor) to pay fees of receiver appointed under Legal Practitioners Act, 1898 (NSW) - no relevant judgment
recovered - whether such fees constitute a debt upon which a
sequestration order may be made.
PRACTICE & PROCEDURE - Considerations to be taken into account in determining whether leave should be granted to allow a debtor to rely on an affidavit of solvency not filed in
accordance with the Court's directions.
Bankruptcy Act 1966, ss.40, 44, 52. ega rac oners Act 1898 (NSW), ss.65A, 65K(3), 65Q.
P1400 of 1987
Re CHARLES ALROY GOLDBERG; Ex parte THE LAW SOCIETY OF NEW
Wilcox J Sydney 6 June 1988
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF No. P1400 of 1987
THE STATE OF NEW SOUTH WALES AND
eee ww SS SS SS
THE AUSTRALIAN CAPITAL TERRITORY
RE: CHARLES ALROY GOLDBERG Debtor
EX PARTE: THE LAW SOCIETY OF NEW SOUTH WALES
Petitioning Creditor CORAM: WILCOX J PLACE: SYDNEY DATE: 6 JUNE 1988 MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The further hearing of the petition be adjourned until Friday 24 June 1988 at 9.30 am.
2. The costs be reserved.
NOTE: Settlement and entry of orders is dealt with in Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF No. P1400 of 1987
THE STATE OF NEW SOUTH WALES AND
ee ee ee ee ee ee
THE AUSTRALIAN CAPITAL TERRITORY
RE: CHARLES ALROY GOLDBERG Debtor
EX PARTE: THE LAW SOCIETY OF NEW SOUTH WALES
Petitioning Creditor
CORAM WILCOX J
PLACE: SYDNEY
DATE: 6 JUNE 1988
EXTEMPORE REASONS FOR JUDGMENT
There is before the Court for hearing today a petition taken out by The Law Society of New South Wales seeking a sequestration order against the estate of Charles Alroy Goldberg. The evidence, which has been supplemented to some extent by facts agreed between the parties, indicates that the debtor is a solicitor who has practised in New South Wales for some time. On 18 October 1985 an order was made by the Supreme Court of New South Wales for the appointment, pursuant to Division 2 of Part 8 of the Legal Practitioners Act 1898 (NSW), of a receiver, Miss Jean Sayer. The
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