Federal Court of Australia
CATCHWORDS Bankruptcy - objection to sequestration order being made on creditor's petition - debtor's petition presented - appointment of trustee - difference in relation back period between debtor's and creditor's petitions. Bankruptcy Rules r.12(3)(ba) Re: Sydney Ronald Dart Ex parte Andrew John Boulton, Keith Ronald Kern, David Fraser Montgomery, Peter Logan and John Damien Andrews (Trading as Boulton Cleary & Kern) No. QP2371 of 1994 Re Sydney Ronald Dart Ex parte Sydney Ronald Dart No. QP 201 of 1995 Cooper J., Brisbane, 10 April, 1995
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QP 2371 of 1994 RE: SYDNEY RONALD DART Debtor EX PARTE: ANDREW JOHN BOULTON, KEITH RONALD KERN, DAVID FRASER MONTGOMERY, PETER LOGAN AND JOHN DAMIEN ANDREWS (Trading as Boulton Cleary & Kern) Petitioning Creditor IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QP 201 of 1995 RE: SYDNEY RONALD DART Debtor EX PARTE: SYDNEY RONALD DART JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 10 April, 1995 MINUTES OF ORDER THE COURT ORDERS THAT In QP 2371 of 1994 :- 1. A sequestration order be made against the estate of SYDNEY RONALD DART. 2. Ross Andrew Duus be appointed trustee of the estate of Sydney Ronald Dart. 3. The petitioning creditor be paid its costs of and incidental to the petition, in accordance with the provisions of the Bankruptcy Act. THE COURT DIRECTS THAT In QP 201 of 1995 :- The District Registrar reject the debtor's petition. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QP 2371 of 1994 RE: SYDNEY RONALD DART Debtor EX PARTE: ANDREW JOHN BOULTON, KEITH RONALD KERN, DAVID FRASER MONTGOMERY, PETER LOGAN AND JOHN DAMIEN ANDREWS (Trading as Boulton Cleary & Kern) Petitioning Creditor IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QP 201 of 1995 RE: SYDNEY RONALD DART Debtor EX PARTE: SYDNEY RONALD DART CORAM: Cooper J. PLACE: Brisbane DATE: 10 April, 1995 REASONS FOR JUDGMENT The court has before it a creditor's petition presented by Messrs. Boulton Cleary and Kern on 7 November, 1994. The debtor, Sydney Ronald Dart, presented to the court a debtor's petition on 4 April, 1995. The matter recently came before the Registrar in Bankruptcy at Townsville, where Mr. Dart appeared and opposed the making of a sequestration order on the petition of the petitioning creditor. Mr. Dart sought that his debtor's petition be accepted.
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