Re Ernest John Summerfield & Cheryl Summerfield trading as East Coast Traders Ex Parte Tony Blain P/L trading as Acme T-shirts

[1993] FCA 8

8 rqs3

JUDGMENT NO. ........ ........ .. I ........ .U/

NOT SUITABLE FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA	)
1
NEW SOUTH WALES DISTRICT REGISTRY	) )
GENERAL DIVISION	) NP 2157 of 1992

RE: ERNEST JOHN SUMMERFIELD AND
CHERYL SUMMERFIELD tradina as EAST

COAST TRADERS

Debtors

EX PARTE: TONY BLAIN PTY LIMITED

tradina as ACME T-SHIRTS

Petitioning Creditor

RE: ERNEST JOHN SUMMERFIELD AND

CHERYL SUMMERFIELD

CORAM: Burchett J.

PLACE: Sydney	RECE 1'. '
DATE : 5 January 1993	-2 FEB 1993
FEDERAL CWRT

AUSTRALIA

PRINCIWL REOISTRV

EX TEMPORE REASONS FOR JUDGMENT

BURCHETT J.:

debtors.

In these matters, there has been referred to the Court a

debtor's petition presented under S. 56 of the Bankruptcv Act

1966 by each of the debtors. The petitions have been referred

under subs. (7AA), as required by that subs., because the creditor's petition of Tony Blain Pty Limited was pending against the partnership of the debtors and against the

There are some problems in relation to the creditor's petition. In particular, the evidence filed suggests that the bankruptcy notice was not properly served upon the female debtor. There may also be a difficulty in relation to the compliance of the petition ltself with the rules. The first matter obviously would provide a very strong reason for giving a direction under S. 56(7AB)(a) in relation to the female debtor, and in the case of a partnership it is obviously desirable that the administration of each estate, so far as possible, be carried out by the same trustee.

There has been no suggestion from the creditor's representative that there is any particular matter which can be pointed to as indicating that the debtors should not become bankrupt upon their own petitions, and a perusal of the papers does not suggest to me that there is any such reason. In the circumstances, I think it is proper to give a direction under

S. 56 (7AB) (a) that the Registrar accept each of the debtors'

petitions, and I so direct.

true copy of the Reasons for Judgment herein of his

I certify that this and the preceding page are a

Honour Mr Justice Burchett.
Associate:
Date: 5 January 1993

The debtors, who resided in Tasmania, did not appear.

Solicitor for the Petitioning

Creditor:	Mr G.R. Hear1 of Messrs Aitken & Magney
Date of hearing:	5 January 1993