IN THE FEDERAL COURT OF AUSTRALIA )No QP 2469 of 1994 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: COLIN JOHN DONKIN Judgment Debtor EX PARTE:AGC (ADVANCES) LIMITED ACN 007 569 066 Judgment Creditor MINUTES OF ORDER JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 6 October, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The debtor's application for an adjournment be dismissed. 2. A sequestration order be made against the estate of the debtor. 3. The petitioning creditor's costs of and incidental to the petition in this matter, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth). NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules. IN THE FEDERAL COURT OF AUSTRALIA ) No. QP 2469 of 1994 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: COLIN JOHN DONKIN Judgment Debtor EX PARTE:AGC (ADVANCES) LIMITED ACN 007 569 066 Judgment Creditor CORAM: Drummond J PLACE: Brisbane DATE: 13 October, 1995 REASONS FOR JUDGMENT I do not propose to grant the debtor's application for an adjournment of the petition. The petition is founded upon a judgment debt obtained by the creditor as long ago as 1991. The long and complex subsequent history of the litigation between the debtor and the creditor is summarised in the submissions made by counsel for the creditor, the accuracy of which is not challenged by counsel for the debtor. The last phase of the litigation, which was embarked upon by the debtor long after the petition was served upon him on which the creditor seeks to proceed today, involved the bringing of an application before the Full Court of this Court in April last for an extension of the time allowed by the rules to file and serve a further notice of appeal or in truth a further appeal from the judgment of Beaumont J given on 9 August, 1991, which involved the money judgment against the debtor upon which the petition now before me is founded. That was the second challenge that the applicant made to Beaumont J's judgment of August 1991, having appealed it unsuccessfully in December 1991. The ground upon which the debtor relied in making his application in April 1995 for special leave to apply to set aside Beaumont J's judgment was the discovery of what was described as fresh evidence. The Full Court dismissed that application in a judgment given on 30 August last. It is apparent that the material upon which the debtor sought to rely as fresh evidence does not, according to what was discussed in the Full Court judgments, fall within that concept as traditionally understood. The sole ground for the adjournment of the petition now sought is that on 20 September, 1995 the debtor filed an application in the High Court for special leave to appeal the judgment of the Full Court of August last. Counsel appeared on behalf of the debtor but was not armed with any material. The creditor was, however, able to provide me with the material relating to this application for special leave. There is nothing in it which, as I read it, would suggest that the debtor has anything that could be described as a strong prospect of obtaining special leave. It seems to me that when one has regard to the history of the debtor's attempts to resist the creditor's claims on him, the filing of this application for special leave in circumstances in which the debtor did not take the trouble to provide his counsel with that material he relies on suggests very strongly that the proceedings are brought in the High Court in an attempt to delay what I regard as very much the inevitable conclusion to this unhappy litigation. I will therefore dismiss the application for the adjournment. I certify that this and the preceding two pages are a true copy of the reasons for judgment herein of the Honourable Justice Drummond. Associate: Date: 6 October, 1995