Seidermann, Re W.R.R. G.James Pty Ltd, Ex parte [1988] FCA 310

Jl DGMENT No, .2!0o% Sg

IN THE COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD P1766 of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: WERNER RICHARD ROLF SEIDEMANN

EX PARTE: G. JAMES PTY LIMITED

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 5 MAY 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the petition be amended by replacing the date 10 Qctober 1987 in paragraph 4 by the date 12 October 1987;

2. a sequestration order be made in respect of the estate of the debtor;

3. the petitioning creditor's costs of and incidental to the proceedings be taxed and paid in accordance with the Bankruptcy Act 1966.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN COURT OF AUSTRALTI ) GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF STATE OF QUEENS

~~

QLD P1766 of 1987

RE: RIC ROLF SEID N EX PARTE: G. JAMES PTY LIMITED

PINCUS J. 5 MAY 1988

EX TEMPORE REASONS FOR JUDGMENT

I order that the petition be amended by replacing the date 10 October 1987 in paragraph 4 by the date 12 October 1987. I dispense with reverification and reservice. I hold that the

execution of the petition is sufficiently proved.

Mr. Seidemann has asked for more time, and there is

something to be said for giving him more time, but regrettably the matter has been before the Court from time to time and he has not

been able to pay.

It may be, as Mr Seidemann says, that bankruptcy will

turn out to be pointless from the creditor's point of view, but I

fear that the stage has been reached at which a sequestration

order must be made, and I will make one.

I make a sequestration order in respect of the estate of the debtor. I find the act of bankruptcy alleged in the petition, that is, in paragraph 4. I order that the petitioning creditor's costs of and incidental to the proceedings be taxed and paid in