Kyrwood v Drinkwater

[1999] FCA 1516

FEDERAL COURT OF AUSTRALIA

Kyrwood v Drinkwater [1999] FCA 1516

GEOFFREY KYRWOOD AND TERENCE KYRWOOD v
PETER WESTGARTH DRINKWATER AND
JOHN FRANCIS DRINKWATER
N 8082 OF 1999

TAMBERLIN J
SYDNEY
19 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 8082 OF 1999

BETWEEN:	GEOFFREY KYRWOOD AND TERENCE KYRWOOD APPLICANTS
AND:	PETER WESTGARTH DRINKWATER AND JOHN FRANCIS DRINKWATER RESPONDENTS

JUDGE:	TAMBERLIN J
DATE:	19 OCTOBER 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I have heard the submissions made by the parties.  There is no dispute between the parties that there was an understanding between them prior to this hearing that the proceedings would not go on this morning and that there would be an adjournment.  In these circumstance I think that it is appropriate for this matter to be adjourned for a period of two weeks to enable the judgment debtor to put on any further evidence that it wishes to file in support of the application to set aside the bankruptcy notice.

2. I will fix a date in the near future for the determination of the question whether the bankruptcy notice ought to be set aside.  I reserve costs but I will bring the matter for hearing before me so that there is continuity in the matter.

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

Associate:

Dated:             2 November 1999

Counsel for the Applicant:	A McInerney
Solicitor for the Applicant:	Wood Roberts
Counsel for the Respondent:	M Ashhurst
Solicitor for the Respondent:	Hansen Solicitors
Date of Hearing:	19 October 1999
Date of Judgment:	19 October 1999