Federal Court of Australia
CATCHWORDS BANKRUPTCY - Debtor's Petition - creditor's petition pending against the debtor - presentation to shorten period of relation back BANKRUPTCY - Creditor's Petition - validity of bankruptcy notice - going behind a judgment - real debt owing less than amount in bankruptcy notice Bankruptcy Act 1966 ss 41(5), 44(1), 52(1)(c),(2)(b), 52(2)(b) Credit Act 1987 (Qld) ss 7,48, 149(1), 150, 153 Wren v Mahoney (1972) 126 CLR 212 Refd V & J Removals; Ex parte Earl & Williams unreported decision of Pincus J. 21.6.85 Refd Re Marshall; Ex parte James Hardie and Coy Pty Ltd (unreported decision of Pincus J. 8.7.85) Refd Re Bedford; Ex parte HC Sleigh (Qld) Pty Ltd (1967) 9 FLR 497 Cons Re Carl Stevan Harrison Ex parte The Abovenamed Debtor's Petition No. 2331 of 1994 Re Carl Stevan Harrison Ex parte Michael Arnold Creditor's Petition No 1081 of 1994 Kiefel J Brisbane 17 February 1995
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND Debtor's Petition No. 2331 of 1994 RE: CARL STEVAN HARRISON Debtor EX PARTE: THE ABOVENAMED Applicant AND: Creditor's Petition No. 1081 of 1994 RE: CARL STEVAN HARRISON Judgment Debtor EX PARTE: MICHAEL ARNOLD Creditor JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 17 February 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT DIRECTS THAT: 1. The debtor's petition not be accepted. THE COURT ORDERS THAT: 2. The debtor pay the petitioning creditor's costs of and incidental to the application to have the debtor's petition accepted. 3. A sequestration order be made against the estate of the debtor Carl Stevan Harrison.
4. Roger Walker of Ernst & Young Chartered Accountants be appointed trustee of the estate of Carl Stevan Harrison. 5. The petitioning creditor's costs of and incidental to the petition in this matter be taxed and paid in accordance with the Bankruptcy Act 1966. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
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