Pioneer Permanent Building Society Limited v Parrott [2003] FCA 517

FEDERAL COURT OF AUSTRALIA

Pioneer Permanent Building Society Limited v Parrott [2003] FCA 517

BANKRUPTCY – unopposed petition for sequestration – no notice of opposition filed – no challenge to bankruptcy notice, in particular to effect of failure to refer to Federal Magistrates Court – matters necessary to be proved under s 52 of Bankruptcy Act 1966 (Cth) on hearing of petition – function of court hearing petition

Federal Court of Australia Act 1976 (Cth) s 35A Acts Interpretation Act 1901 (Cth) Section 25C Bankruptcy Act 1966 (Cth) ss 41, 52, 306 Boorowra Shire Council v Booth [2001] FMCA 31 cited Lee v McNulty [2000] FCA 1519 cited Blanco v Employers' Mutual Indemnity Ltd & Anor [2002] FMCA 38 cited Atkinson v Oakleigh Holdings Pty Ltd (2000) 105 FCR 15 approved Australian Steel Company (Operations) Pty Ltd v Lewis (2000) 109 FCR 33 cited Deputy Commissioner of Taxation v Kelly (2001) 110 FCR 561 referred to PIONEER PERMANENT BUILDING SOCIETY LIMITED v ERIC MERVYN PARROTT and SALLY ANN PARROTT No Q 7023 of 2002 SPENDER J BRISBANE 28 MAY 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 7023 OF 2002

BETWEEN: PIONEER PERMANENT BUILDING SOCIETY LIMITED

APPLICANT

AND: ERIC MERVYN PARROTT

FIRST RESPONDENT

SALLY ANN PARROTT

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 28 MAY 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of Eric Mervyn Parrott and the estate of Sally Ann Parrott. 2. The costs of and incidental to the petition be paid in accordance with the Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 7023 OF 2002