Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 454

FEDERAL COURT OF AUSTRALIA

Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 454

BANKRUPTCY – creditors' petition – notice stating grounds of opposition to the petition – application to file notice of opposition at the hearing 'with the Court's consent' – application for an adjournment to enable evidence to be filed in support of the grounds of opposition – where debt based on default judgment in Supreme Court of New South Wales – where grounds of opposition assert that the acts of the respondent debtor were acts committed under duress by parties other than applicant creditors – where defence of duress not raised in Supreme Court due to Legal Profession Act 1987 (NSW), s 198J – where respondent debtor seeks certificate under Evidence Act 1995 (Cth), s 128 in respect of evidence to be filed

Bankruptcy Act 1966 (Cth) ss 50, 52, 309 Evidence Act 1995 (Cth) s 128 Federal Court Rules O 1 r 8, O 9 r 7, O 77 r 11 Evidence Act 1995 (NSW) s 128 Legal Profession Act 1987 (NSW) s 198J

Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 453 cited SOGELEASE AUSTRALIA LTD & ANOR v DAVID JAMES GRIFFIN, IN THE MATTER OF D J GRIFFIN N 7101 OF 2003 EMMETT J 1 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7101 OF 2003

BETWEEN: SOGELEASE AUSTRALIA LIMITED ACN 002 093 030

FIRST APPLICANT CREDITOR

SG AUSTRALIA LIMITED ACN 002 093 021

SECOND APPLICANT CREDITOR

AND: DAVID JAMES GRIFFIN

RESPONDENT DEBTOR

JUDGE: EMMETT J

DATE OF ORDER: 1 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. the hearing of the petition be adjourned to 2 May 2003 at 3.00 pm.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.