Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Klewer v Walton [2004] FCA 410
BANKRUPTCY - application to set aside bankruptcy notice - judgment debt - order for costs pursuant to s 213 of the Criminal Procedure Act 1986 (NSW) - claim that judgment creditor has no immediate right of execution of the judgment debt - court order made in favour of respondent - registrar not the judgment creditor - application dismissed. In re A Debtor [1929] 2 Ch 146 referred to IN THE MATTER OF LUCY KLEWER LUCY KLEWER v IAN WALTON N 236 OF 2004 TAMBERLIN J SYDNEY 7 APRIL 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 236 OF 2004
IN THE MATTER OF LUCY KLEWER
BETWEEN: LUCY KLEWER
APPLICANT
AND: IAN WALTON
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 7 APRIL 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application to set aside the Bankruptcy Notice is dismissed with costs. 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 236 OF 2004
IN THE MATTER OF LUCY KLEWER
BETWEEN: LUCY KLEWER
APPLICANT
AND: IAN WALTON
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 7 APRIL 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant, Ms Klewer, applies to set aside a Bankruptcy Notice served on her on 11 February 2004. The Bankruptcy Notice was issued by the Official Receiver on 12 December 2004. It specifies the total debt owing as $10,504.00, being the amount of a judgment. Annexed to the Bankruptcy Notice is a Certificate of Conviction under s 178 of the Evidence Act 1995 (Cth) issued by the Court House at Coffs Harbour. It gives particulars as to the dismissal of an information by Ms Klewer, and records an order for her to pay the costs of the respondent, Mr Ian Walton, in the amount of $10,504.00. This amount is ordered to be paid within fourteen days, that is to say, on or before 24 December 2001. It is common ground that this amount has not been paid. 2 The Certificate of Conviction records a certification with the seal of the Local Court of Coffs Harbour by the clerk to the effect that the above particulars are a true record of the Court. The Certificate is dated 21 January 2002.
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