FEDERAL COURT OF AUSTRALIA Kyrwood v Drinkwater [1999] FCA 1516 GEOFFREY KYRWOOD AND TERENCE KYRWOOD v PETER WESTGARTH DRINKWATER AND JOHN FRANCIS DRINKWATER N 8082 OF 1999 TAMBERLIN J SYDNEY 19 OCTOBER 1999 IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 8082 OF 1999 BETWEEN: GEOFFREY KYRWOOD AND TERENCE KYRWOOD APPLICANTS AND: PETER WESTGARTH DRINKWATER AND JOHN FRANCIS DRINKWATER RESPONDENTS JUDGE: TAMBERLIN J DATE: 19 OCTOBER 1999 PLACE: SYDNEY REASONS FOR JUDGMENT 1 In this matter I have heard the submissions made by the parties. There is no dispute between the parties that there was an understanding between them prior to this hearing that the proceedings would not go on this morning and that there would be an adjournment. In these circumstance I think that it is appropriate for this matter to be adjourned for a period of two weeks to enable the judgment debtor to put on any further evidence that it wishes to file in support of the application to set aside the bankruptcy notice. 2 I will fix a date in the near future for the determination of the question whether the bankruptcy notice ought to be set aside. I reserve costs but I will bring the matter for hearing before me so that there is continuity in the matter. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin. Associate: Dated: 2 November 1999 Counsel for the Applicant: A McInerney Solicitor for the Applicant: Wood Roberts Counsel for the Respondent: M Ashhurst Solicitor for the Respondent: Hansen Solicitors Date of Hearing: 19 October 1999 Date of Judgment: 19 October 1999