Re John Richard Stubberfield Ex parte Paradise Grove Pty Ltd [1995] FCA 1011

CATCHWORDS BANKRUPTCY - creditor's petition - bankruptcy notice founded on an order for costs and a certificate of taxation of costs - debtor solvent and "able to pay his debts" within s 52(2) the Bankruptcy Act - whether Court to exercise its discretion within s 52(2) the Bankruptcy Act to make a sequestration order considering the debtor's ability to pay his debts, but refusal to do so - execution on the costs order by writ of elegit and appointment of a receiver against debtor's share of jointly owned assets considered - an order for costs and a taxing officer's certificate, even though the certificate is subject to pending Court review, is a final judgment within s 41(1)(g) the Bankruptcy Act Bankruptcy Act 1966 (Cth) - ss 40(1)(g), 52(1) and (2) Supreme Court Rules - O 47 rr 3 and 36; O 91 rr 117, 118 and 119 Cases Considered Deputy Commissioner of Taxation (NSW) v Westpac Savings Bank Ltd (1987) 72 ALR 634 Hawkesley v May [1956] 1 QB 304 Hills v Webber (1901) 17 TLR 513 Hirschorn v Evans [1938] 2 KB 801 Lord Abergavenny's Case (1607) 6 Co Rep 78b Pepper v McNiece (1941) 64 CLR 642 Re a Debtor [1954] 3 All ER 74 Re a Debtor [1981] LS Gaz R 631 Re Sarina; Ex parte Wollondilly Shire Council (1980) 32 ALR 596 Re Stirling; Ex parte Webb Ross & Co [1990] 1 NZLR 569 Trojan v Corporation of Hindmarsh (1987) 16 FCR 37 Re John Richard Stubberfield; Ex parte Paradise Grove Pty. Ltd. QP 676 of 1994 Drummond J Brisbane 12 December, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) No. QP 676 of 1994 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: JOHN RICHARD STUBBERFIELD Debtor EX PARTE:PARADISE GROVE PTY. LTD. (ACN 053 003 302) Judgment Creditor MINUTES OF ORDER JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 12 December, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The creditor's petition is dismissed. 2. Costs are reserved. 3. Liberty to apply. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.