Cash Resources Australia Pty Ltd v De Vries [1999] FCA 311

FEDERAL COURT OF AUSTRALIA

Cash Resources Australia Pty Ltd v De Vries [1999] FCA 311 BANKRUPTCY - creditor's petition - whether "other sufficient cause" why sequestration order ought not be made - whether claim by debtors against petitioning creditor sufficient to be counter-balanced against judgment debt or whether claim likely to produce in a short time sufficient funds to relieve the debtors from the present state of insolvency. Bankruptcy Act 1966 (Cth) s 52(2)(b) Ling v Enrobook Pty Ltd (1997) 74 FCR 19 (FC) applied Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111 cited

IN THE MATTER OF KOOS JOHN DE VRIES, VICKI LOUISE DE VRIES AND RENSKE DE VRIES; CASH RESOURCES AUSTRALIA PTY LTD v KOOS JOHN DE VRIES, VICKI LOUSIE DE VRIES AND RENSKE DE VRIES QG7279 OF 1998 COOPER J BRISBANE 26 MARCH 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG7279 OF 1998

IN THE MATTER OF: KOOS JOHN DE VRIES, VICKI LOUISE DE VRIES AND RENSKE DE VRIES

CASH RESOURCES AUSTRALIA PTY LTD ACN 004 792 330

Applicant

AND: KOOS JOHN DE VRIES, VICKI LOUISE DE VRIES AND RENSKE DE VRIES

Respondents

JUDGE: COOPER J

DATE OF ORDER: 26 MARCH 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. In accordance with s 43 of the Bankruptcy Act 1966 (Cth) the estates of Koos John De Vries, Vicki Louise De Vries and Renske De Vries are sequestrated. 2. The petitioning creditor be paid its costs of and incidental to the petition including reserved costs, if any, such costs to be taxed if not agreed and paid out of the bankrupts' estate in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA