Re Aprile, T. v. Ex parte Commonwealth Bank of Australia [1994] FCA 912

JUDGMENT No, sunt Red wath,

FOR DISTRIBUTION

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No NP 2430 of 1994 GENERAL DIVISION

RE:

THERESE APRILE

RECEIVED pepror 29 NOV 1994 EX PARTE: FEDERAL COURT UF COMMONWEALTH BANK OF AUSTRALIA

PRINCIPAL REGISTRY

Creditor CORAM: SACKVILLE J. PLACE : SYDNEY DATE: 22 NOVEMBER 1994 REASONS FOR JUDGMENT HIS HONOUR: This is a matter in which the debtor applies for an adjournment of the creditor's petition. The matter was

apparently before the Registrar on 18 November 1994, but has been

referred to me to deal with the question of adjournment.

The petition is based upon failure to comply with a bankruptcy notice served on 15 July 1994. That notice required payment of the sum of $19,557.10, being the balance due under a judgment of the District Court obtained on 2 April 1992, together with interest thereon. As at 21 November 1994 the amount due was

$20,640.39. The application is made by Mr Sisinni on behalf of the debtor. His application is that the matter should be adjourned until 6 February 1995. The basis of that application is essentially a letter dated 15 November 1994 from a company called Rothesay Investments Pty Limited. The letter is signed by R. M. Aprile. Mrs Aprile gave oral evidence and identified Mr Aprile as her son. Mr Aprile is a director of the company. In the letter Mr Aprile states that "we, [presumably meaning the company], intend to pay Mr and Mrs Aprile $A200,000". The reference to Australian dollars is apparently because the company, although incorporated in Australia, carries on business in Arkansas in the United

States of America.

The letter goes on to say that "we will attempt to pay the amount as soon as possible, but no later than 31 January 1995." It also states that, at Mrs Aprile's direction, the sum of $20,000 is

irrevocably directed toward payment of the abovementioned debt.