Federal Court of Australia
; NOT FOR DISTRIBUTION , JUDGMENT No, 248733
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. P165 of 1988
BANKRUPTCY DISTRICT
OF THE STATE OF VICTORIA
Re: DAVID LAKE BREMER
A Debtor
Ex parte: LAWSON & LAUGHLIN PTY LTD
Petitioning Creditor
MINUTES OF ORDER
COURT: Woodward J
DATE: 30 June 1988
PLACE: Melbourne
THE COURT ORDERS THAT:
1. A Sequestration Order be made against the estate of
rns the Debtor.
? - a
(Sy oN
Ofte . F :
ef Sy, } i 2. Costs, including reserved costs, be in accordance a '
ean ee ie ' / bu with the statute.
Date of Commission of Act of Bankruptcy : 23 March 1988.
NOTE: This order is to be settled and filed in accordance with rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. P165 of 1988
BANKRUPTCY DISTRICT
OF THE STATE OF VICTORIA
Re: DAVID LAKE BREMER
A Debtor
Ex parte: LAWSON & LAUGHLIN PTY LTD
Petitioning Creditor
COURT: Woodward J
DATE: 30 June 1988
PLACE: Melbourne
EXTEMPORE REASONS FOR JUDGMENT
This is a petition for sequestration of the debtor's estate where the notice of intention to oppose the petition, called "Notice of Grounds of Opposition", raised two issues. First, the debtor disputed the creditor's alleged debt on the grounds set out in the debtor's affidavit, sworn 7 June 1988. That argument has been, in my
view, properly abandoned by counsel for the debtor.
I should also say in passing that there are no points taken about any of the formal matters that are
required to be proved under the Bankruptcy Act 1966 (''the
Act') before a sequestration order can be made.
This leaves one ground set out in the notice of opposition, and perhaps a second which has been raised and dealt with in argument, which the court has to consider. The first of these is stated in the notice of opposition in the
following terms:
"Even if the creditor proves its alleged debt, the creditor says that his assets exceed his liabilities, and in all the circumstances he ought not to be adjudged bankrupt."
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