Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australia & New Zealand Banking Group Ltd (in the matter of Demarco) v Demarco [2000] FCA 640 IN THE MATTER OF GODFREY CHARLES DEMARCO AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED v GODFREY CHARLES DEMARCO N 7004 OF 2000 LEHANE J 16 MAY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7004 OF 2000
IN THE MATTER OF GODFREY CHARLES DEMARCO
BETWEEN: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
(ACN 005 357 522)
APPLICANT
AND: GODFREY CHARLES DEMARCO
RESPONDENT
JUDGE: LEHANE J
DATE OF ORDER: 16 MAY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The estate of Godfrey Charles Demarco be sequestrated.
2. The petitioning creditor's costs be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth).
3. All proceedings under the sequestration order be stayed for a period of twenty one days from 16 May 2000.
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 N 7004 OF 2000
IN THE MATTER OF GODFREY CHARLES DEMARCO
BETWEEN: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
(ACN 005 357 522)
APPLICANT
AND: GODFREY CHARLES DEMARCO
RESPONDENT
JUDGE: LEHANE J
DATE: 16 MAY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant creditor (the Bank) seeks, by its amended petition filed on 28 April 2000, a sequestration order against the estate of the debtor, Mr Demarco. The act of bankruptcy alleged is failure by Mr Demarco to comply with a bankruptcy notice, dated 27 October 1999, requiring payment (or the making of an arrangement for settlement) of a debt claimed to be due by Mr Demarco to the Bank under a judgment of the Supreme Court of New South Wales which took effect on 19 October 1999. The terms of the judgment were: "JUDGMENT THAT 1. The plaintiff pays the first defendant's costs of $54,439.65."
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