Re Rolland, Robert Edward & Anor v Ex Parte Bank of Western Australia Ltd [1997] FCA 183

C A T C H W O R D S BANKRUPTCY - creditor's petition based on non-compliance with bankruptcy notice - bankruptcy notice founded upon default judgment against debtors in Supreme Court of Western Australia - debtors suing petitioning creditor in subsequent, separate Supreme Court proceedings seeking injunctive relief and damages - whether "for other sufficient cause a sequestration order ought not to be made" - factors relevant to exercise of Court's discretion under s.52(2) of Bankruptcy Act 1966. Bankruptcy Act 1966 (Cth) s.52(2)(b) Trade Practices Act 1974 (Cth) ss.52, 80 Re Daley; Ex parte National Australia Bank Ltd (1992) 37 FCR 390 Ahern v. Deputy Commissioner of Taxation (1987) 76 ALR 137 Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111 Re James; Ex parte Carter Holt Harvey Roofing (Australia) Pty Ltd (No. 2) (1994) 51 FCR 14 Ling v. The Commonwealth (1996) 139 ALR 159 Paligorov and Richardson; Ex parte Actus Australia Ltd (Lee J, unreported, 26 April 1994, Judgment No. 404 of 1994) RE: ROBERT EDWARD ROLLAND and ROBYN MARY ROLLAND EX PARTE: BANK OF WESTERN AUSTRALIA LTD WP 831 of 1996 CARR J PERTH 18 MARCH 1997

IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE) No. WP 831 of 1996 STATE OF WESTERN AUSTRALIA) RE: ROBERT EDWARD ROLLAND and ROBYN MARY ROLLAND Debtors EX PARTE: BANK OF WESTERN AUSTRALIA LTD (ACN 050 494 454) Petitioner CORAM: CARR J. DATE: 18 MARCH 1997 PLACE: PERTH MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The hearing of the petition be adjourned until further order, conditional upon: (a) the debtors prosecuting Action No. CIV 2445 of 1996 in the Supreme Court of Western Australia against the petitioning creditor with all due expedition; (b) the debtors jointly, within 21 days, filing and serving a statement verified by affidavit of their assets and liabilities as at 30 June 1996 and as at the date of such affidavit. 2. The petitioning creditor have liberty to apply to relist the petition for hearing upon giving seven days written notice to the debtors. 3. Costs to date reserved. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.