Federal Court of Australia
JUDGMENT No, K2.2ebe Pedal
CATCHWORDS
BANKRUPTCY - creditor's petition - sequestration order - substituted creditor - whether a debt was owed to substituted creditor - whether orders of another judge made in different proceedings can be set aside - invalidity of bankruptcy notice due to overstatement of amount claimed -. whether a sequestration order can and should be made where the debtor has no assets - improper motive for pursuing creditor's petition
Bankruptcy Act 1966 (Cth) ss 40(1), 43, 49, 52(1)
Bayne v_ Blake (No.2) [1909] 9 CLR 360 Rozenbes _v Kronhill [1956] 95 CLR 407
Re Jack Ex parte C.V. Holland (Holdings) Ltd [1959] 19
A.B.C. 268 Re Schierhotter Ex parte Geis [1978] 32 FLR 22 at 29
Radich v Bank of New Zealand Ltd [1993] 45 FCR 101
Re King Ex parte Commercial Bank of Australia Ltd (No.2)
[1920] VLR 490
Re_ JEFFREY ROY CHARLES MORTON Ex parte BUDLYRE PTY LIMITED
No. NP898 of 1995
EINFELD J
FEDERAL COURT OF AUSTRALIA
21 JAN 2003 LIBRARY
CANBERRA
29 APRIL 1997
IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT ) No. NP898 of 1995 OF THE STATE OF NEW SOUTH WALES )
Re: JEFFREY ROY CHARLES MORTON Debtor
Ex parte: BUDLYRE PTY ' LIMITED Creditor
MINUTE OF ORDERS
The Court orders that:
1. A sequestration order be made against the estate of the debtor.
2. The Registrar appoint an appropriate trustee to the estate.
3. The costs of the substituted creditor of and pertaining to the petition, including any reserved costs, be paid by the debtor.
4. The substituted creditor file a minute of these orders with the Registrar in accordance with rule - 124(1).
Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT ) No. NP898 of 1995 OF THE STATE OF NEW SOUTH WALES ) Re: JEFFREY ROY CHARLES MORTON Debtor Ex parte: BUDLYRE PTY LIMITED Creditor EINFELD J CANBERRA 29 APRIL. 1997
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