Commonwealth Bank of Australia v Jeans, in the matter of Jeans (No 2)

[2006] FCA 919

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Jeans, in the matter of Jeans (No 2)
[2006] FCA 919

IN THE MATTER OF JOHN ANTHONY JEANS

COMMONWEALTH BANK OF AUSTRALIA v JOHN ANTHONY JEANS

NSD 1079 OF 2004

RARES J
5 JULY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1079 OF 2004

BETWEEN:	COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) APPLICANT CREDITOR
AND:	JOHN ANTHONY JEANS RESPONDENT DEBTOR
JUDGE:	RARES J
DATE OF ORDER:	5 JULY 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

(1)       A sequestration order be made against the estate of John Anthony Jeans;

(2)The applicant creditors' costs be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth).

The court notes that the date of the act of bankruptcy is 21 January 2004. 

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	NSD 1079 OF 2004

BETWEEN:	COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) APPLICANT CREDITOR
AND:	JOHN ANTHONY JEANS RESPONDENT DEBTOR

JUDGE:	RARES J
DATE:	5 JULY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

1. This is the final hearing of a bankruptcy petition filed on 9 July 2004. The act of bankruptcy occurred by failure to comply with a bankruptcy notice on 21 January 2004. I am satisfied that all of the formal matters required to be proved to establish the creditors' entitlement to the making of a sequestration order pursuant to s 52 of the Bankruptcy Act1966 (Cth) have been established on the evidence that has been tendered before me this morning, including the oral evidence correcting a mistake in the affidavit of final debt made by Mr Ralston yesterday when he erroneously referred to the source of the debt in the petition as being the Supreme Court of New South Wales rather than a judgment of this court. Having regard to those matters I am satisfied that I should make a sequestration order as sought.

2. The orders I make are:

   (1)       A sequestration order be made against the estate of John Anthony Jeans;

   (2)The applicant creditors' costs be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth).

3. The court notes that the date of the act of bankruptcy is 21 January 2004.  A consent to act as trustee has been signed by Mark Julian Robinson of PPB, level 15, 25 Bligh Street, Sydney.

I certify that the preceding three (3) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate:

Dated:             19 July 2006

Counsel for the Applicant:	Mr AG Bell SC
Solicitor for the Applicant:	JK O’Sullivan Solicitors
Counsel for the Respondent:	Mr JM Ireland QC
Solicitor for the Respondent:	RH Butler
Date of Hearing:	5 July 2006
Date of Judgment:	5 July 2006