Re Watson Ex parte Cunningham J.K. [1995] FCA 656

CATCHWORDS BANKRUPTCY - Creditor's Petition - application for adjournment of creditor's petition until determination of proceedings in relation to the conduct of the meeting of creditors called pursuant to authority under s 188 of the Bankruptcy Act 1966 - factors relevant to exercise of discretion to grant adjournment - application refused - sequestration order made. Bankruptcy Act 1966 - sub-s 52(1), s 188, Part X Bankruptcy Rules - r 124(2) Re Palazzolo; Ex parte Discusso & Ors v Palazzolo (Unreported, 19 July 1991, Neaves J, Canberra) Re Richards; Ex parte Beneficial Finance Limited (Unreported, Jackson J, 17 March 1986) Re Beames; Ex parte Deputy Commissioner of Taxation (Unreported, Pincus J, 10 October 1986). Field v Commercial Banking Company of Sydney Limited 22 ALR 403 RE: CRAIG ALEXANDER WATSON; EX PARTE: JOHN KEITH CUNNINGHAM No. QP 348 of 1995 FOSTER J 4 AUGUST 1995 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA) ) QUEENSLAND DISTRICT REGISTRY ) No. QP 348 of 1995 ) BANKRUPTCY DIVISION ) RE: CRAIG ALEXANDER WATSON Debtor

EX PARTE: JOHN KEITH CUNNINGHAM Creditor JUDGE MAKING ORDERS: FOSTER J DATE: 4 AUGUST 1995 PLACE: BRISBANE MINUTE OF ORDERS THE COURT ORDERS THAT:

1. A sequestration order be made against the estate of the debtor.

2. The petitioning creditor's costs, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.

THE COURT DIRECTS THAT:

1. A draft of this order be delivered to the Registrar within 7 days in accordance with subrule 124(2).

Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) QUEENSLAND DISTRICT REGISTRY ) No. QP 348 of 1995 ) BANKRUPTCY DIVISION ) RE: CRAIG ALEXANDER WATSON Debtor