Re: Bride, Edward James & Anor as Trustees of the Pinwernying Family Trust; & Ex Parte: KMG Hungerfords (A Firm) [1997] FCA 1294

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - creditor's petition - judgment debt - substantial costs order arising out of Supreme Court litigation - allegations of fraud and collusion - going behind judgment - contested hearing in Supreme Court - appeal to Full Court - special leave application to High Court - no basis for reopening litigation - no basis for adjournment of petition - sequestration order made. Bankruptcy Act 1966 s 40, s 52

Corney v Brien (1951) 84 CLR 343 Ross-Ireland v Tour Finance Ltd (1956) 39 ALJR 49 Wren v Mahony (1972) 126 CLR 212 Wolff v Donovan (1991) 29 FCR 480 Bride and Another as Trustees for the Pinwernying Family Trust v KMG Hungerfords (1991) 109 FLR 256 RE: EDWARD JAMES BRIDE AND WENDY MARGARET BRIDE AS TRUSTEES OF THE PINWERNYING FAMILY TRUST EX PARTE: KMG HUNGERFORDS (A FIRM) P1935 OF 1996 FRENCH J PERTH 26 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY P1935 of 1996

GENERAL DIVISION

BANKRUPTCY DIVISION OF THE

STATE OF WESTERN AUSTRALIA

RE: EDWARD JAMES BRIDE AND WENDY MARGARET BRIDE AS TRUSTEES OF THE PINWERNYING FAMILY TRUST

judgment debtors ex parte: kmg hungerfords (a firm)

judgment creditor

JUDGE: FRENCH J

DATE OF ORDER: 26 NOVEMBER 1997

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of Edward James Bride and Wendy Margaret Bride as Trustees of the Pinwernying Family Trust. 2. The Judgment Creditor's costs be taxed and paid from the estate of the Judgment Debtors in accordance with the Bankruptcy Act 1966. . Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY P1935 of 1996