Commonwealth Bank of Australia, in the matter of Martin v Martin [2000] FCA 1317

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia, in the matter of Martin v Martin [2000] FCA 1317 IN THE MATTER OF FREDERICK EDWIN MARTIN AND LORRAINE BEVERLY MARTIN

COMMONWEALTH BANK OF AUSTRALIA v FREDERICK EDWIN MARTIN & ANOR N 7203 of 2000 EMMETT J 5 SEPTEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7203 OF 2000

IN THE MATTER OF FREDERICK EDWIN MARTIN AND LORRAINE BEVERLY MARTIN BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

APPLICANT

AND: FREDERICK EDWIN MARTIN

FIRST RESPONDENT

LORRAINE BEVERLEY MARTIN

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 5 SEPTEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion filed 29 August 2000 be dismissed. 2. The applicant on the motion pay the costs of the respondent on the motion. 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 7203 OF 2000

IN THE MATTER OF FREDERICK EDWIN MARTIN AND LORRAINE BEVERLY MARTIN

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

APPLICANT

AND: FREDERICK EDWIN MARTIN

FIRST RESPONDENT

LORRAINE BEVERLEY MARTIN

SECOND RESPONDENT

JUDGE: EMMETT J

DATE: 5 SEPTEMBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 11 August 2000 Registrar Quinn made a sequestration order against the estate of Frederick Edwin Martin and Lorraine Beverley Martin. The order was made on the application of the Commonwealth Bank of Australia ("the Bank"). The petition on which the order was made was based on was failure to comply with the bankruptcy notice. The bankruptcy notice was based on a judgment debt in the Local Court. On 29 August, 2000, the bankrupts filed a notice of motion seeking the following orders: "1. To overturn the Sequestration Order N 2703 of 1999 dated 11 August 2000 against Frederick Edwin MARTIN and Lorraine Beverley MARTIN.