Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA ) ) BANKRUPTCY DISTRICT OF VICTORIA ) No VP 510 of 1995
RE: JOHN ALOYSIUS KEANE Judgment Debtor
EX PARTE: BOBO NOMINEES PTY LIMITED
Petitioner
hry ta August 1995
REASONS FOR JUDGMENT
LOCKHART J.:
This is an application by the debtor to adjourn the hearing of the petition. The application for the adjournment is opposed by the petitioner. The proceeding has a complex history both in this Court, the County Court of Victoria and the Supreme Court of Victoria, some of which needs to be
recited.
The act of bankruptcy upon which the petition is based is the failure by the debtor to comply with the requirements of a bankruptcy notice served upon him. That in turn is based upon a judgment obtained by the petitioner in the County Court of Victoria on 8 March 1995 in default of appearance of the
debtor.
The bankruptcy notice was served upon the debtor soon thereafter, and this was followed by a summons being filed by
the debtor in the County Court to set aside the default
~2=-
judgment. That summons was heard on 21 April this year by Fricke J. of the County Court, and his Honour ordered, amongst other things that, subject to the payment into Court by the debtor (or another defendant to the proceedings in the County Court) of the sum of some $90,949.47 (the whole amount claimed by the petitioner) within 30 days of the judgment being set
aside, the judgment be set aside.
The money was not paid into Court by the debtor or the other defendant in the County Court proceedings within the time limited by Fricke J., or indeed at all. Thereupon the petitioner filed a creditor's petition seeking to obtain a sequestration order against the estate of the debtor, returnable on 27 June 1995 in this Court. In the meantime, a second summons was filed by the debtor in the County Court on 19 May 1995 seeking orders that the earlier order of Fricke J. be set aside, or alternatively amended, and that the debtor be given unconditional leave to defend the County Court
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