Federal Court of Australia
Ch AUSTRALIA.
Lesh Xa. Vey a
JUDGES' CHAMBERS
FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY
BRISBANE
AUSTRALIA
JUDGMENT No. sonst sal exctatin CATCHWORDS
Bankruptcy - creditor's petition
Bankruptcy Act 1966 Section 52.(1)
Wren v. Mahoney (1971-2) 126 CLR 212
RECEIVED
30 NOV 1994
FEDERAL COURT OF AUSTRALIA / PRINCIPAL fo REGISTRY
No. QP1968 of 1994 Kiefel J.. Brisbane: 22 N ber 1994
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QURENSLAND No. QP1968 of 1994 RE: HASHEM SOLIMAN Debtor EX PARTE: G_JAMES EXTRUSION COMPANY PTY LTD AND G JAMES SAFETY GLASS PTY LTD Creditors JUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 22 November 1994 WHERE MADE: Brisbane MINUTES OF ORDER THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of the debtor Hashem Soliman. 2. The petitioning creditor's costs of and incidental to the petition in this
matter, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.
& 3. we The date of the commission of act of the bankruptcy is 24 June 1994.
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: , , Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy ' Rekes.
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STATE OF QUEENSLAND No. OP 1968 of 1994
CORAM: _Kiefel J DATE: 22 November 1994 PLACE: Brisbane
REASONS FOR JUDGMENT
The judgment creditors obtained a judgment from the Magistrates Court against the debtor on 12 April 1994 in the sum of $6902.86. It remained unsatisfied and a bankruptcy notice was served on 27 May 1994. That notice was not complied with. It is not sought by the debtor to show that there exists any set-off, counter-claim or cross demand or otherwise that the debt may be satisfied. What Mr Soliman, who appeared for himself, has attempted to do is to show that the judgment ought be ignored or gone behind. The matter came before me yesterday and it appeared to me that Mr Soliman was attempting to argue that there was at the date of delivery of the goods in question by the judgment creditors to the company, Panorama Home Improvements Proprietary Limited, no subsisting guarantee given by him with respect
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