Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY a tT RICT REGISTRY BANKRUPTCY DIVISION
No VP 1367 of 1992
BETWEEN: GARY WILLIAM BEESEY (Debtor) EX PARTE: ANZ BANKING GROUP LIMITED ACN 005 357 522 (SUCCESSOR AT LAW TO NATIONAL AL ROYAL BANK LIMITED) (Creditor) Coram: Ryan J Place: Melbourne Date: 31 March 1993
EX TEMPORE REASONS FOR _ JUDGMENT
Ryan J: On 26 July 1991, the petitioning creditor, the ANZ Banking Group Limited, ("the Bank") as successor to the National Mutual Royal Bank Limited, obtained judgment in the County Court against the debtor and his wife in the sum of $66,265.88. In reliance on the judgment debt, a bankruptcy notice was served on the debtor, Mr Beesey, on 12 May 1992), requiring the debtor to pay the judgment debt or to secure the Payment of the judgment debt to the Satisfaction of this Court or the judgment creditor, or compound the sums so specified to
the satisfaction of the judgment creditor.
Subsequently the solicitor for the judgment creditor prepared
an agreement in this form:
a
"THIS AGREEMENT made the day of 1992 BETWEEN
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
A.C.N. 005 357 522 oF 700 Springvale Road, Mulgrave in the State of Victoria (hereinafter referred to as "the Bank") of the first Part
AND GARY WILLIAM BEESEY and CAROL BEESEY both of Studley Avenue, Kew in the said State
AND RICHARD ARTHUR MERTON and KATHLEEN MERTON both of 21 Bonvue Road, North Balwyn in the said State (hereinafter referred to jointly and
severally as "the Borrowers") of the second part EREAS A. The Bank issued Writ No. MC912153 of 1991 in the County
both Defendants under the same on 26 July, 1991 for the sum of Sixty six thousand two hundred and sixty five dollars eighty eight cents ($ 66,265.88)
B. The Bank has issued and served Bankruptcy Notices on GARY
WILLIAM BEESEY and CAROL BEESEY Cc. The Bank issued Writ No. MC912152 of 1991 in the County
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