Kowanyama Aboriginal Council v Khadpekar

FEDERAL MAGISTRATES COURT OF AUSTRALIA

KOWANYAMA ABORIGINAL COUNCIL v KHADPEKAR [2004] FMCA 337

BANKRUPTCY – Sequestration order.

Applicant: KOWANYAMA ABORIGINAL COUNCIL

Respondent: MANGALA KHADPEKAR

File No: BZ663 of 2003

Delivered on: 3 February 2004

Delivered at: Cairns

Hearing Date: 3 February 2004

Judgment of: Coker FM

REPRESENTATION

Counsel for the Applicant: Ms Bosel

Solicitors for the Applicant: MacDonnells Solicitors

Respondent: Appearing on her own behalf

ORDERS

1. That the notice of intention to oppose the petition dated 30 January 2004 be dismissed.

2. That a sequestration Order be made against the Respondent Debtor, Mangala Khadpekar.

3. That the Applicant Creditor’s costs be taxed and paid from the estate of the Respondent Debtor in accordance with the Bankruptcy Act 1966.

The Court notes that the date of the act of bankruptcy is 30 September 2003.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
CAIRNS

BZ663 of 2003

KOWANYAMA ABORIGINAL COUNCIL

Applicant

And

MANGALA KHADPEKAR

Respondent

REASONS FOR JUDGMENT

1. I have two matters before me at the moment, upon which I am required to rule.  The first of those, though in fact the second that I will deal with, is an application for a sequestration order in relation to the estate of the respondent Mangala Khadpekar.  The applicant is the Kowanyama Aboriginal Council.  Their application was filed on

   
   

   12 December 2003.  The application was returnable today.

2. Prior to dealing with that particular aspect of the matter, however, I am required to deal with an application, which has been filed by the respondent.  In that application I am asked by Ms Khadpekar, in a notice of intention to oppose the petition, to consider a number of grounds, for opposing the petition.  The document itself is dated 30 January 2004 and has been provided to me and to the legal representatives for the applicant, as well as having had originals forwarded to the Registry in Brisbane, to be dealt with.

3. The grounds, upon which the notice of intention to oppose the petition are detailed, include the following:

   (1)that the creditor's petition is invalid as it is signed by an individual person who provides the signature of a fictitious individual person who does not exist and is not a solicitor as required by the Bankruptcy Act;

   (2)a petition not signed by a solicitor comes within the meaning of a forged document pursuant to section 144 of the Criminal Code Act 1995 Commonwealth;

   (3)a petition uttered to the Court carrying the signature of a fictitious person is a forgery;

   (4)using a forged document in the Federal Magistrates Court is conduct contrary to the provisions of section 105 of the Criminal Code Act Commonwealth 1995;

   (5)the filing of service of a forged document falls within the meaning of an act or omission constituting conduct contrary to the provisions of the Crimes Act 1914 Commonwealth;

   (6)a valid petition is required to be signed within six months of the first available act of bankruptcy , ie. within 21 days of the service of bankruptcy notice which was 3 February 2003;

   (7)the petition before…