Re Birnzwejg, Nathan

[1996] FCA 550

IN THE FEDERAL COURT OF AUSTRALIA     )
GENERAL DIVISION  )
   No. QP100 of 1996
BANKRUPTCY DISTRICT OF THE           )
STATE OF QUEENSLAND                  )

RE:NATHAN BIRNZWEJG and KATHLEEN MAY BIRNZWEJG

EX PARTE:PERMANENT TRUSTEE COMPANY LIMITED

MINUTES OF ORDER

JUDGE MAKING ORDER:     Spender J

DATE OF ORDER:         19 June 1996

WHERE MADE:            Brisbane

THE COURT ORDERS THAT:

1. A sequestration order be made against the joint and separate estates of the debtors, Nathan Birnzwejg and Kathleen May Birnzwejg.

1. The petitioning creditor's costs of and incidental to the petition in this matter, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.

NOTE:     Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA     )
GENERAL DIVISION  )
   No. QP100 of 1996
BANKRUPTCY DISTRICT OF THE           )
STATE OF QUEENSLAND                  )

RE:NATHAN BIRNZWEJG and KATHLEEN MAY BIRNZWEJG

EX PARTE:PERMANENT TRUSTEE COMPANY LIMITED

CORAM:    Spender J
DATE:     19 June 1996
PLACE:    Brisbane

REASONS FOR JUDGMENT

I indicated on 12 June 1996 that in my view there would be no utility in acceding to the request by counsel on behalf of the debtors that the petition could be adjourned so as to permit discovery to be made in aid of a claim that there was other sufficient cause why a sequestration order would not be made against the estates of the debtors.

For the reasons which I then published, I was satisfied that I ought to make a sequestration order, but at the request of the solicitors for the debtors, the making of orders was adjourned until this morning so as to permit a consideration of my short reasons for judgment.  The position remains unchanged, and notwithstanding the matters of qualification that are contained in my reasons of 12 June 1996, I am satisfied of the acts of bankruptcy which are alleged in the petition and of the other matters of which the Bankruptcy Act 1966 requires proof.
         I make a sequestration order against the estates of Nathan Birnzwejg and Kathleen May Birnzwejg, and order that the costs of and incidental to the petition including reserved costs be taxed and paid in accordance with the Bankruptcy Act 1966.

I make orders in terms of the draft which are initialled, dated and placed with the papers.

I certify that this and the  preceding page are a true copy of the reasons for judgment herein of the Honourable Justice Spender.

Associate

Date: 25 June 1996

Counsel for the applicant
      debtors              :        Mr P E Hack
instructed by               :        N R Barbi

Counsel for the respondent
     creditor              :        Mr R G Bain QC
instructed by               :        Clayton Utz

Date of Hearing             :        12 June 1996