Mills, W. v Ex parte Deputy Commissioner of Taxation

[1991] FCA 569

JUDGMENT No. 56?/. .?,L

THE FEDERAL COURT OF AUS!PRALIA ) )

DISTRICT RE-	1	No. VP 17 of 1991
)
1

BETWEEN:

SIPEEt	Heerey J.
n U Z 3	Melbourne
Q z B S z	4 september 1991

EX TEWORE REASONS FOR JUDGWENT

I think I have to reject the application for an adjournment. The petitioning creditor is not being unreasonable because he has extended some indulgence in the form of three adjournments to date; but in any case, in the final analysis, it is a matter of what the petitioning creditor's legal rights are. He has a judgment and has established an act of bankruptcy by the failure to comply with a bankruptcy notice and he is entitled as a matter of law to the legal consequences that flow from that. And the hard fact is that the house has been on the market for almost a year and it has not been sold. In the meantime there have been three adjournments of the petition and the evidence shows that in income terms the debtor's position is getting steadily worse. Being as sympathetic as one can for his position, there does come a time when one has to bite the bullet as it were, and I think this is it, so therefore I have to refuse the application for an adjournment.

costs be taxed and paid in accordance with the Bankru~tcv A c t

I order that a sequestration order be made against the estate

of the debtor. I order the petitioning creditor's costs of and incidental to the petition in this matter and reserved

1966 and the date of commission of the act of bankruptcy is

5 September 1990.

I certify that this and the

preceding page are a true copy of the Reasons for Judgment of the Honourable Mr Justice Heerey

Solicitor acting as Counsel

for the Petitioning Creditor:	Mr G Carroll
Solicitor for the Petitioning
Creditor:	Australian Government Solicitor
The debtor appeared on his own behalf.