Fields, Re K.J. John Lysaght (Australia) Ltd, Ex Parte

[1988] FCA 640

/

JUDGMENT No ..... b.&/..-g.&.-

IN THE FEDERAL COURT	OF AUSTRALIA	)
GENERAL DIVISION	1 QLD P1132 of 1988

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: KENNETH J. FIELDS and DOROTHY A. FIELDS

Debtors

EX PARTE: JOHN LYSAGHT (AUSTRALIA) LIMITED

...

Judgment Creditor

t

MINUTES OF ORDER

JUDGE MAKING ORDER:  PINCUS J.

DATE OF ORDER: 26 OCTOBER 1988

WHERE MADE:	BRISBANE
THE COURT:

1. finds the acts of bankruptcy alleged in the

petition;

2.    is satisfied of proof of the other matters of which the Act requires proof;

3. makes a sequestration order in respect of the

estate of each debtor;

Rule 124 of the Bankruptcy Rules.

4. orders that the costs of the petitionlng creditor

of and incidental to the petition, including the

costs of 30 September 1988, be taxed and paid in

accordance with the Act.

NOTE :  Settlement and entry of orders is dealt with in

!

IN THE FEDERAL COURT OF AUSTRALIA	1
GENERAL DIVISION	) QLD P1132 of 1988
BANKRUPTCY DISTRICT OF THE SOUTHERN	)
DISTRICT OF THE STATE OF QUEENSLAND	)

RE:  KENNETH J. FIELDS and DOROTHY A. FIELDS

Debtors

EX PARTE: JOHN LYSAGHT (AUSTRALIA) LIMITED

Judgment Creditor -

i

PINCUS J. 26 OCTOBER 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter two aspects of the papers have been drawn

to my attention by M C Devereaux, being those mentioned in the

Registrar's certificate. It does not appear to me that any amendment is necessary, nor that either deficiency is such as to invalidate the proceedings.

Mr and Mrs Fields have come to Court on two occasions

and Mr Fields has been good enough to obtain some detailed

information, admittedly a few months old, as to the affairs	of the
company, whose downfall has been the downfall	of MC and Mrs Fields

also. He has helpfully and frankly explained to me how he sees

the company's position and has informed me that he does not

propose to resist the petitioning creditor's proceedings. I

L .

understand that is Mrs Field's position also.

Therefore I find the acts of bankruptcy alleged in the

petition. I am satisfied of proof of the other matters of which

the Act requires proof. I make a sequestration order in respect

of the estate of each debtor and order that the costs of the petitioning creditor of and incidental to the petition, including

the costs of 30 September 1988, be taxed and paid in accordance *

with the Act.

f certify that this and the / preceding page are a true copy of the reasons for

judgment herein of His Honour

Mr. Justice Pincus

/4 4 G z e

?