Re: Williams; Ex Parte: Williams Snr. v Credit Union Australia Ltd [1996] FCA 1207

JUDGMENT No. K&-Qaitoul eden

IN THE FEDERAL COURT OF AUSTRALIA )

BANKRUPTCY DISTRICT REGISTRY ) No. QN 306 of 1996 OF THE STATE OF QUEENSLAND )

Re: ERIC JOHN WILLIAMS and ELLEN ADA WILLIAMS Debtors

Ex parte: ERIC WILLIAMS SNR.

Applicant FEDERAL COURT And: oe eas OF AUSTRALIA L Creditor 2s JAN 2003 LIBRARY REASONS FOR JUDGMENT 'EINFELD J BRISBANE 15 APRIL 1996

An application was made to a Registrar in Bankruptcy on 16 February 1996 to issue a bankruptcy notice addressed to Eric John Williams and Ellen Ada Williams, who were the Judgment debtors to an order of the District Court (Noud J) at Brisbane in the sum of $9555.65 given on 31 January 1996. Costs were ordered but interest was not. A bankruptcy notice was in due

course ordered issued on 16 February, and was served on Eric

John Williams on 22 February.

On 27 March 1996, application was made by Eric John Williams Snr, the father of Eric John Williams and the husband of Ellen

Ada Williams, for orders or declarations as follows:

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l. All or any liability of Eric John Williams and/or Ellen Ada Williams as guarantors in regard to the lease between Credit Union Australia and Johns Formalwear Pty Ltd a company now being deregistered ceased when the lease was surrendered.

2. No summons has ever been served on Eric John Williams and/or Ellen Ada Williams.

3. Mrs Williams has not been an officer of Johns Formalwear Pty Ltd since 7/10/89.

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4, Order prohibiting any contact with Mrs Williams" by any means in regard to this matter. CP EM IT PRE a

'In support of that application, affidavits were filed, :-by both Eric Williams Snr and the two debtors, his son and., his wise. In response affidavits were filed on behalf of the creditor by Michael John Smith, a solicitor employed by the creditor's solicitors, dated 12 and 15 April, and by James Parker