Hooper, John v Ewins, David [1997] FCA 1397

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - Bankruptcy Act 1966 (Cth) - creditor's petition - application of debtors that hearing of petition be adjourned to allow for the consideration of a Part X proposal - no general practice of the Court to adjourn hearings of petitions where s 188 authority has been signed - existence of authority a relevant circumstance to be considered - where amount offered in support of Part X proposal a trivial amount.

Bankruptcy Act 1966 (Cth), ss 52, 188 Field v Commercial Banking Co of Sydney Ltd (1978) 22 ALR 403, applied Re Richards; Ex parte Beneficial Finance Corporation Ltd (unreported, Jackson J, 17 March 1986), cited Re Emmett; Ex parte Beneficial Finance Corporation Ltd (unreported, O'Loughlin J, 16 December 1991), cited Re Brennan; Ex parte Stokes (Australasia) Limited (unreported, Morling J, 31 May 1988), cited Re Codrington; Ex parte Don McKay Tourist & Charter Pty Ltd (unreported, Burchett J, 1 September 1989), cited Re Lockett; Ex parte Northern Equity Limited (unreported, French J, 6 April 1992), cited NZI Capital Corporation Ltd v Lancaster (1991) 30 FCR 441, cited Re Eustice (unreported, Branson J, 15 July 1994), cited JOHN HOOPER v DAVID & GEORGIE EWINS NG 7962 of 1997 BRANSON J SYDNEY 11 DECEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7962 of 1997

BETWEEN: JOHN HOOPER

Applicant

AND: DAVID AND GEORGIE EWINS

Respondent

JUDGE(S): BRANSON J

DATE OF ORDER: 11 december 1997

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The estates of David Ewins and Georgie Ewins be sequestrated. 2. The costs of the petitioning creditor, of and incidental to the petition, be paid in accordance with the Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.