Re Bourke, M.V.

[1992] FCA 865

JUDGMEM No. 8 6s:. .... l ..%$,,

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IN THE FEDERAL COURT OF AUSTWIA	1
1
BANKRUPTCY DISTRICT	1
)
OF THE STATE OF NEW SOUTH WALES	)

RE: MICHAEL VINCENT BOURKE

No. NP 1584 of 1991

EX PARTE BENEFICIAL FINANCE CORPORATION

LIMITED

STATE BANK OF NEW SOUTH WALES

RE: TERENCE MARCELLIN BOURKE

No. NP 1585 of 1991

EX PARTE BENEFICIAL FINANCE CORPORATION

LIMITED

PINUTES OF ORDER

JUDGE MAKING ORDERS Morling, J

(.

THE COURT ORDERS AS FOLLOWS:

No. NP 1584 of 1991

1.    A Sequestration Order be made against the estate of the Debtor.

2. The petitioning creditor's costs, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.

No. P.1585 of 1991

1.    A Sequestration Order be made against the estate of the Debtor.

2. The petitioning creditor's costs, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.

NOTE: Settlement and entry of orders is dealt with

by Order 124 of the Bankruptcy Rules.

J N THE FEDERAL COURT OF AUSTRALIA	1
)
BANKRUPTCY DISTRICT	)
1
OF THE STATE OF NEW SOUTH WALES	)

RE: MICHAEL VINCENT BOUFXE

No. NP 1584 of 1991

EX PARTE BENEFICIAL FINANCE CORPORATION

,LIMITED

STATE BANK OF NEW SOUTH WALES

RE: TERENCE MARCELLIN BOURXE

No. NP 1585 of 1991

EX PARTE BENEFICIAL FINANCE CORPORATION

LIMITED

........ ........ ........ .....

Morling J 14 February 1992

REASONS FOR JUDGMENT

(

Notwithstanding what has been put to me by Mr
Bourke, I do not think I should further adjourn the hearing

of these petitions.

In effect, Mr Bourke has submitted that he and his
brother should not have had judgment entered against them in
the Supreme Court. That judgment was entered nearly five

years ago. No steps have been made to have it set aside,

or to appeal against it.

Mr Bourke has informed me from the bar table that

neither he nor his brother have any assets to meet the
balance due under the judgment.

Even if the application for legal aid succeeds, I do not think there is any realistic prospect that either he or his brother could successfully oppose the making of sequestration orders.

In each case I am satisfied that the petitioning creditor has proved all necessary matters to warrant the making of a sequestration order. Accordingly in each case I make a sequestration order against the estate of the debtor and I order that the petitioning creditor's costs, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.

I certify that this and the precedrng page is a true copy of the Reasons for Judgment herern of Hie Honour Mr Justrce T.R. Morling.

Associate:  L! v J -c +S ../ u<

Date:  14 February 1992

The Applicant Michael Vincent Bourke
appeared in person on behalf of

himself and Terence Marcellin Bourke

Counsel for first respondent:  Mr T.s. Hale

instructed by Bruce & Stewart Turton