Re Gates, J.K. Capita Financial Group Ltd Ex parte (formerly known as the City Mutual Life Assurance Society Ltd

[1988] FCA 770

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NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA	1
)
AUSTRALIAN CAPITAL TERRITORY	)
) No. P 1124 of 1988
BANKRUPTCY DISTRICT OF THE STATE	)
OF NEW SOUTH WALES .AND THE	)
AUSTRAL1.W CAPITAL TERRITORY	)

Re :  JEFFREY KENNETH GATES

Judgment Debtor

Ex parte: CAPITA FINANCIAL GROUP LINITED

(formerly known as The	City
Mutual Lifs Assurance	Society
Limited	1

Judgment Credltor

C B : Neaves J.

- DATE: 18 August 1988 r .

R TEMPORE

REASONS FOR JUDGMENT

Before the Court is a creditor's petition flltd on

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behalf of Capita Financial Group . Limited seeklng a

sequestration order against the estate	of	Jeffrey Kenneth
Gates.

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The petition is based on the failure of the debtor to

comply with a bankruptcy notice served upon him on 2 December

1987. The debtor has given notice of his intention to oppose

the petition. The only ground advanced in support of that

notice 1s that the Court should decline to entertain the

petition on the ground	that there 1 s a reasonable apprehension
of bias on the part of the Court.	Thls arises largely, though

not entirely, from the reasons for ~udgment whlch were given on I

1 2 FebruarT 1988 in proceedings by the debtor to set aside the

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bankruptcy notice upon which the petition is founded.

I have attended carefully to the matters to which the

debtor has referred in support of hls opposition to the

petition. All I propose to say is that I do not thlnk any
sufficlent ground has been shown to warrant the Court decllning

to proceed with the hearing of the petition.

I am satisfied that the debtor has committed the act

of bankruptcy alleged in the petltion as amended. I am

satlsiied with the proof of the other matters of whlch sectlon

SZ(1) of the Act requires proof. I make a sequestratlon order

agalnst the estate of the debtor.	I	order that the costs of
the petitloning creditor, lncluding reserved	costs, be	taxed
and paid according to the statute anb	I direct that a draft	of

this order be delivered to the Reglstrar within seven days In

accordance wlth rule 124(2) of the Bankruptcy Rules.

I certify that this and

the precedlng page are a true copy of the Reasons

for Judgment herem of	I
%he Honourable Mr Justice
Neaves .	I

Assoclate

Dated: 18 August 1988

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Judgment debtor In person

Counsel for the judgment creditor	: Mr J . B . Timbs
Solicitors f o r the judgmenr: creditor	: Murph:? & Maloneg
Date of hearing	: 18 August 1988

Note: Settlement and entry of orders 1 s dealt wlth ln rule 1

124 of the Bankruptcy Rules.	l
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