Re Brigg, J.W. & anor Ex Parte Transport Tyre Sales Pty Ltd

[1992] FCA 237

JUDGMENT No. ........ ......,,. 237 / Q 2

IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT

OF THE STATE OF OUEENSLAND

Nos. OP 153 and 823 of 1992

RE: JOHN WILLIAM BRIGGS and

HENDRISKE BRIGGS

EX PARTE: TRANSPORT TYRE SALES

PTY. LTD.

C O M :	Cooper J
DATE :	7 April, 1992
PLACE :	Brisbane

MINUTES OF ORDER

JUDGE MAKING ORDER:	Cooper J
DATE OF ORDER:	7 April, 1992
WHERE MADE:	Brisbane
THE COURT ORDERS THAT:

1. Direct that the Registrar reject the petition of John William Briggs and Henriske Briggs.

2.        That the costs of the petitioning creditor's costs of the reference be the petitioning creditor's costs in the bankruptcy.

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

IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION

BANKRUPTCY DISTRICT

OF THE STATE OF OUEENSLAND

Nos. OP 153 and 823 of 1992

RE: JOHN WILLIAM BRIGGS and

HENDRISKE BRIGGS

5

PTY. LTD.

CORAM:	Cooper J
DATE :	7 April, 1992
PLACE :	Brisbane

EX TEMPORE REASONS FOR JUDGMENT

This is a reference by the Registrar in relation to a debtor's petition filed by John William Briggs and Henriske Briggs in circumstances where there was in existence at that time a creditor's petition filed on 20 January, 1992. The petitioning creditor claims that the debtors are indebted to it in the sum of $20,050.25. The act of bankruptcy relied

upon is service of a bankruptcy notice on 10 October, 1991.

The relation back period commences from 7 November, 1991.

There is evidence before me in the form of a fax, exhibit 1, which indicates that the debtors in December, 1991 borrowed considerable sums of money by two loans: one for approximately $116,000.00 and the other for approximately $52,000.00 and gave security by way of security over a house property to secure the advance. It is submitted on behalf of the petitioning creditor that in the circumstances I ought to

direct the Registrar to reject the debtor's petition in order to avoid any possibility that the petitioning creditor may be prejudiced in relation to the grant of the security interests.

The debtors were called and did not appear on the reference. Accordingly no submissions were made on behalf of the debtors seeking a direction that the Registrar accept the petition of the debtors and proceed on it accordingly. In all of the circumstances, I am satisfied that there may be, having regard to the granting of securities, some risk of prejudice to the petitioning creditor and that in all the circumstances the proceeding ought to proceed on the petition filed on 20 January, 1992.

Therefore, I direct that the Registrar reject the petition of John William Briggs and nenriske Briggs. I order that the costs of the petitioning creditor's costs of the reference be the petitioning creditor's costs in the bankruptcy.

are a true copy of the reasons for	I certify that this and the preceding page
judgment herein of the Honourable Mr. Justice Cooper.
Date:  7 April, 1992.

Associate