Re Lofts, David John Ex Parte Johnson, Andrew William & Anor [1997] FCA 580

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION No QG 7197 of 1997 BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND RE: DAVID JOHN LOFTS EX PARTE: ANDREW WILLIAM JOHNSON Applicant DAVID JOHN LOFTS Respondent CORAM: Spender J PLACE: Brisbane DATE: 24 June 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Lynette Maria Addison be substituted as petitioning creditor in petition No 7197 of 1997. 2. The hearing of the petition be adjourned to 28 July 1997. 3. The costs of the application for substitution of petitioning creditor be reserved. 4. The application by Mr G M Smith to be substituted as petitioning creditor be adjourned to Friday, 11 July 1997. 5. The costs of today in relation to the application by Mr G M Smith to be substituted as petitioning creditor be reserved. THE COURT DIRECTS THAT: 1 Any further material on behalf of Mr G M Smith be filed and served by 4 pm on Wednesday, 2 July 1997. 2. Any affidavit material by Mr Lofts in reply to the application for Mr Smith to be substituted as petitioning creditor be filed and served by Wednesday, 9 July 1997. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION No. QG 7197 of 1997 BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND RE: DAVID JOHN LOFTS EX PARTE: ANDREW WILLIAM JOHNSON Applicant DAVID JOHN LOFTS Respondent CORAM: Spender J PLACE: Brisbane DATE: 24 June 1997 REASONS FOR JUDGMENT I am presently dealing with an application that Lynette Maria Addison be substituted as petitioning creditor against David John Lofts. A further application that a Mr G.M. Smith be substituted as a petitioning creditor seems to me to have been the subject of material filed very late and which in justice I ought not to consider at this time. Insofar as the application on behalf of Lynette Maria Addison is concerned, she asserts that she entered into an agreement with Mr Lofts to repay to her the sum of $12,500.00 which she paid to a company, Oz Trade Limited ('Oz Trade'). She claims that the debt is evidenced by the contents of an agreement in writing dated 27 December 1995. The parties to the agreement are specified in the recitals as Oz Trade, Lynette Maria Addison and Leslie James Addison. The second paragraph immediately above the execution sections in the agreement is in the following terms: