Re Zorbas, G. & Anor v. Ex parte F & G Concrete Services P/L [1994] FCA 907

JUDGMENT No. onl. Zeal wctcban

CATCHWORDS

BANKRUPTCY - presentation of debtors' petition while creditor's petition still pending - whether Court should accept or reject the debtors' petition on ground that petition had a purpose foreign to the Bankruptcy Laws - insufficient evidence to infer such a purpose.

Bankruptcy Act 1966, s 56(7AA), s 56(7AB), s 115

Edelsten vy Deputy Commission of Taxation (NSW) (1989) 86 ALR 257 Re Cornish; Ex Parte English (1984) 6 FCR 257 Ciyne_v Deputy Commissioner of Taxation (1984) 154 CLR 589

RE_ GEORGE D H v4 ; EX PARTE F INCRETE VI MITED

AND

RE_GEORGE 2 AND NICHI r4

No. NP 2237 of 1994 No. NP 3234 of 1994

Sackville J. Sydney. 28 November, 1994

FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NP 2237 of 1994 GENERAL DIVISION ) No. NP 3234 of 1994 RE:

GEORGE ZORBAS and NICHOLAS ZORBAS

EX PARTE:

F & G CONCRETE SERVICES PTY LIMITED

AND

RE: GEORGE ZORBAS and NICHOLAS ZORBAS

CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 28 NOVEMBER, 1994

MINUTES OF ORDER

THE COURT:

1. DIRECTS the Registrar, pursuant to s5s.56(7AA) of the Bankruptcy Act 1966, to accept the debtors' petition.

2. ORDERS the creditor to pay the costs of the debtors.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. NP 2237 of 1994 GENERAL DIVISION ) No. NP 3234 of 1994

id

RE:

GEORGE ZORBAS and NICHOLAS ZORBAS

EX PARTE:

F & G CONCRETE SERVICES PTY LIMITED

AND

RE: GEORGE ZORBAS and NICHOLAS ZORBAS

CORAM: SACKVILLE J.

PLACE : SYDNEY

DATE: 28 NOVEMBER, 1994 NS FOR

Background

In this case two debtors have presented a petition against a partnership of which they were members, pursuant to s.56(1) of the Bankruptcy Act 1966 (Cth) ("the Act"). At the time they presented the petition, a creditor's petition was pending against the partners. Section 56(7AA) and s.56(7AB) of the Act provide