Federal Court of Australia
IN THE FEDERAL courT or ausTrauia ) UUDGMENT Ne .ncssel snnnteeseees )
BANKRUPTCY DISTRICT OF VICTORIA ) No VP 510 of 1995
RE: JOHN ALOYSIUS KEANE Judgment Debtor
RECEIVED EX PARTE: BOBO NOMINEES PTY LIMITED
08 JUL 1999
FEDERAL COURT OF Petitioner
14 August 1995
REASONS FOR JUDGMENT LOCKHART J.:
This morning, after a lengthy hearing, I declined to adjourn the petition in this matter. When the Court resumed this afternoon at 2.00 pm after a short adjournment at the request of counsel for the debtor, I heard a_e further application by counsel for the debtor to adjourn the petition. Only one additional ground has been advanced in support of this application, namely, that counsel for the debtor informs the Court that he is not properly instructed, that he has sought instructions, but they have not been forthcoming, due it is said, to the absence of the debtor in Ireland and the
inability to get in touch with him.
Counsel says that to proceed further with the hearing of the petition today would be, as he put it, a charade, because he would simply not be able properly to conduct the debtor's case. As I mentioned this morning, the case has two streams to it. The first is the County Court/Supreme Court stream
whereby the initial default judgment has been the subject of
~25
challenge, firstly in the County Court with a view to setting it aside on the part of the debtor, and then in the Supreme Court, in essence, to set aside the judgments and orders of two judges of the County Court. The other stream is whether the debtor is indebted to the petitioning creditor as claimed by the petitioning creditor. That issue has been present at all material times, and certainly since the filing of the grounds of opposition by the debtor. MThus, fundamentally the debtor and the petitioning creditor have to deal with the issue of whether the debt is, in fact, due and owing or not. Indeed, that issue has been addressed by both parties, following directions given by a Registrar. The debtor himself filed an affidavit sworn by him and that was responded to by
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