Farrow Mortgage Services Pty Ltd (in liq), in the matter of Stone v Stone [1999] FCA 1761

FEDERAL COURT OF AUSTRALIA

Farrow Mortgage Services Pty Ltd (in liq), in the matter of Stone v Stone [1999] FCA 1761 BANKRUPTCY – application for adjournment of hearing of creditor's petition – where debtor has appealed unsuccessfully to the Court of Appeal against judgment on which bankruptcy notice was based – whether sufficient prospects of debtor obtaining special leave to appeal from the High Court to justify further adjournment of the petition Judiciary Act 1903 (Cth), s35A

IN THE MATTER OF GEORGE BARRY EVERETT STONE FARROW MORTGAGE SERVICES PTY LTD (IN LIQ) v GEORGE BARRY EVERETT STONE N7249 OF 1998 EMMETT J 10 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG7249 OF 1998

IN THE MATTER OF GEORGE BARRY EVERETT STONE

BETWEEN: FARROW MORTGAGE SERVICES PTY LTD (IN LIQUIDATION)

APPLICANT

AND: GEORGE BARRY EVERETT STONE

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 10 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application by the respondent for a further adjournment of the hearing of the petition be refused.

2. A sequestration order be made against the estate of George Barry Everett Stone.

3. The petitioning creditor's costs, including all reserved costs (if any) of the hearings before Emmett J, be taxed and paid according to 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

NEW SOUTH WALES DISTRICT REGISTRY NG7249 OF 1998

IN THE MATTER OF GEORGE BARRY EVERETT STONE