Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 455

FEDERAL COURT OF AUSTRALIA

Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 455

BANKRUPTCY – creditors' petition – application for an adjournment of the hearing of the petition – where application for leave to appeal pending in Court of Appeal of New South Wales – effect of sequestration order on proceedings in Court of Appeal

Bankruptcy Act 1966 (Cth) ss 50, 52, 60 SOGELEASE AUSTRALIA LTD & ANOR v DAVID JAMES GRIFFIN, IN THE MATTER OF D J GRIFFIN N 7101 OF 2003 EMMETT J 2 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: 2 MAY 2003

WHERE MADE: SYDNEY

THE COURT:

1. directs that pursuant to s 50(1) of the Bankruptcy Act 1966 (Cth) that Warren Pantzer forthwith take control of the property of the debtor, David James Griffin;

2. directs that the control of the property of the debtor pursuant to Order 1 end upon the making of a sequestration order in these proceedings;

3. notes that the debtor by his counsel undertakes to the Court and the petitioning creditors that:

(a) he will consent, in any event, to the making of a sequestration order on 15 May 2003;

(b) he will not, in any event, seek an adjournment of the hearing of the petition on 15 May 2003 on any ground;

(c) he will consent to the appointment of Warren Pantzer as trustee upon the making of a sequestration order;

4. reserves liberty (to the parties to these proceedings and Warren Pantzer) to apply;

5. orders upon: