Commonwealth Bank of Australia v Peter Charles Eady

[1998] FCA 1115

CATEGORY: NO QUESTION OF PRINCIPLE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

MATTER NO 7390 of 1997

BETWEEN:	COMMONWEALTH BANK OF AUSTRALIA Applicant
AND:	PETER CHARLES EADY Respondent

MATTER NO 7391 OF 1997

BETWEEN:        COMMONWEALTH BANK OF AUSTRALIA
  APPLICANT

AND:                   GWENDA YVONNE EADY
  RESPONDENT

JUDGE:	SACKVILLE J.
DATE:	2 SEPTEMBER 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

HIS HONOUR:  There are two matters before the court today.  Each is a creditor's petition. 

The first matter, NG 7390 of 1997, is a petition brought by the Commonwealth Bank of Australia as creditor against Peter Charles Eady as debtor.  The creditor's petition in this matter was filed on 10 April 1997. 

The second matter, NG 7391 of 1997, is a creditor's petition also filed on 10 April 1997.  Once again the creditor is the Commonwealth Bank of Australia.  The debtor in these proceedings is Gwenda Yvonne Eady. 

I have been informed by Mr Ireland, who appears on behalf of the creditor, that the creditor wishes to withdraw each of the petitions.  Mr Ireland accepts that the consequence is that each petition will be dismissed.  Mr Ireland makes no application for costs.

In these circumstances the appropriate order is that the petitions in each matter, namely NG 7390 and NG 7391 of 1997, be dismissed.  In each matter I make no order as to costs.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville

Associate:

Dated:             2 September 1998

Solicitor for the Applicant:	L.E. Taylor
Date of Hearing:	2 September, 1998
Date of Judgment:	2 September, 1998