Federal Court of Australia
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Attention: Judgments Clerk
With the Compliments of
Please find herewith copy judgment and disk containing judgment of Cooper J., delivered today in Brisbane 26.9.94.
Re: Juanita Lee Faint Ex parte Shell Company of Australia and
Ors. 4 i / y /, YP JUDGES' CHAMBERS
FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY
BRISBANE 4000
AUSTRALIA
No. QP 348 of 199
JUDGMENT No. 8.8.8... 2
CATCHWORDS
Bankruptcy - Applications to be substituted as petitioning creditor - Discretion in the court to order or refuse substitution - existence of debt disputed a relevant consideration - related proceedings on foot in another Court - substitution would result in duplication of issues as to whether the applicants are creditors.
Bankruptcy Act, section 49 Dean y. Q.U,F, Industnes Lid, (1981) 51 FLR 317
27 SEP 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL
QP. 348 of 1994
Cooper J., Brisbane, 26 September, 1994
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND Cred, Pet. No. 348 of 1994 RE. JUANITA LEE FAINT Debtor EX PARTE: THE SHELL COMPANY OF AUSTRALIA LTD, Judgement Creditor EX PARTE; WESTPAC BANKING CORPORATION (ARBN 007 457 141) Applicant EX PARTE: AUSTRALIAN GUARANTEE CORPORATION (ACN 000 015 485) Applicant QUANITA LEE FAINT Respondent IUDGE MAKING ORDER: Cooper J. DATE OF ORDER: 26 September, 1994 WHERE MADE: Brisbane MINUTES OF ORDER THE COURT ORDERS THAT:- 1. Each application for substitution be dismissed.
2. Each applicant pay to Juanita Lee Faint, her costs of and incidental to the applications, including reserved costs, to be taxed if not agreed.
Note: Settlement and entry of orders is dealt with 1n Rule 124 of the Bankruptcy Rules.
Judgement Creditor EX PARTE: WESTPAC BANKING CORPORATION (ARBN 007 457 141) Applicant EX PARTE: AUSTRALIAN GUARANTEE CORPORATION LIMITED (ACN 000 015 485) Applicant QUANITA LEE FAINT Respondent CORAM: Cooper J. DATE: 26 September, 1994 PLACE: Brisbane REASONS FOR JUDGMENT
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