Hills Industries Ltd v Coleman

[1999] FCA 755

FEDERAL COURT OF AUSTRALIA

Hills Industries Ltd v Coleman [1999] FCA 755

No question of principle

HILLS INDUSTRIES LIMITED v TERRY ROBIN COLEMAN & GAYE MICHELLE McDONALD (IN THE MATTER OF TERRY ROBIN COLEMAN AND GAYE MICHELLE McDONALD)

N 7377 OF 1999

HELY J
1 JUNE 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7377 OF 1999

BETWEEN:	HILLS INDUSTRIES LIMITED Applicant
AND:	TERRY ROBIN COLEMAN AND GAYE MICHELLE McDONALD Respondent
JUDGE:	HELY J
DATE OF ORDER:	1 JUNE 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The creditor’s petition presented by Hills Industries Limited against the respondents on 9 April 1999 be dismissed.

2.The costs incurred by Hills Industries Limited by reason of the creditor’s petition referred to in Order 1 be paid in priority in each of the estates of Terry Robin Coleman and Gaye Michelle McDonald.

3.The debtors’ petitions of Terry Robin Coleman and Gaye Michelle McDonald be accepted by the Official Receiver.

4.The time of commencement of bankruptcy of Terry Robin Coleman is 28 January 1999.

5.The time of commencement of bankruptcy of Gaye Michelle McDonald is 15 March 1999.

6.Hills Industries Limited notify the Official Receiver in Victoria of the above Orders.

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 7377 OF 1999

BETWEEN:	HILLS INDUSTRIES LIMITED Applicant
AND:	TERRY ROBIN COLEMAN AND GAYE MICHELLE McDONALD Respondent
JUDGE:	HELY J
DATE:	1 JUNE 1999
PLACE:	SYDNEY

EXTEMPORE REASONS FOR JUDGMENT

1. On 9 April 1999 Hills Industries Limited presented a creditor’s petition against Terry Robin Coleman and Gaye Michelle McDonald alleging acts of bankruptcy committed on 28 January 1999 and 15 March 1999 respectively. Thereafter Terry Robin Coleman presented a debtor’s petition to the Official Receiver as did Gaye Michelle McDonald. Hills Industries Limited seeks an order that its petition be dismissed so that the bankruptcies of the debtors can proceed upon the basis of their debtors’ petitions. I therefore order that the petition presented by Hills Industries Limited on 9 April 1999 be dismissed. I order that the applicant’s costs of that petition be paid in priority in each of the estates of the respondent debtors pursuant to section 55(3B) of the Bankruptcy Act 1966.

2. I direct that the debtors’ petitions of Terry Robin Coleman and Gaye Michelle McDonald be accepted.  I specify that the time of the commencement of bankruptcy that results from acceptance of the debtors’ petitions as being in the case of Terry Robin Coleman, 28 January 1999 and in the case of Gaye Michelle McDonald, 15 March 1999.  I direct that the applicant notify the Official Receiver in Victoria of the orders and directions which I have made.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.

Associate:

Dated:            1 June 1999

Counsel for the Applicant:	W R Haylen
Solicitor for the Applicant:	Ledlin Partners
Date of Hearing:	1 June 1999
Date of Judgment:	1 June 1999