Re Grady, Anthony John Ex Parte Grady, Anthony John Re Grady, Anthony John Ex Parte BBC Hardware Ltd

[1996] FCA 427

IN THE FEDERAL COURT OF AUSTRALIA         )
GENERAL DIVISION  )

BANKRUPTCY DISTRICT OF THE          )
STATE OF QUEENSLAND  )

No. QP 256 of 1996

RE:ANTHONY JOHN GRADY

EX PARTE:ANTHONY JOHN GRADY

No. QP 214 of 1996

RE:ANTHONY JOHN GRADY

EX PARTE:BBC HARDWARE LIMITED

MINUTES OF ORDER

JUDGE MAKING ORDER:       Spender J

DATE OF ORDER:            13 May 1996

WHERE MADE:               Brisbane

THE COURT DIRECTS the Registrar to decline to accept the debtor's petition No. 256 of 1996 of Anthony John Grady.

THE COURT makes a sequestration order against the estate of Anthony John Grady.

THE COURT ORDERS that the costs of and incidental to the petition, including reserved costs, if any, 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  )

BANKRUPTCY DISTRICT OF THE          )
STATE OF QUEENSLAND  )

No. QP 256 of 1996

RE:ANTHONY JOHN GRADY

EX PARTE:ANTHONY JOHN GRADY

No. QP 214 of 1996

RE:ANTHONY JOHN GRADY

EX PARTE:BBC HARDWARE LIMITED

CORAM:     Spender J
DATE: 13 May 1996
PLACE:     Brisbane

REASONS FOR JUDGMENT

There are before the Court two petitions: creditor's petition No 214 of 1996, where the petitioning creditor is BBC Hardware Limited, and a debtor's petition No 256 of 1996 by Anthony John Grady.  The debtor's petition was presented on 19 April 1996, the creditor's petition was presented on 4 April 1996.

It appears from the affidavit of service that was filed today by leave that the petition was served on 22 April 1996, which is a few days after he had presented his debtor's petition.  Correspondence from Messrs Boulton Cleary and Kern indicate that they are the solicitors for the debtor.

In the circumstances it seems to me that I ought to proceed on the creditor's petition.  I direct the Registrar to decline to accept the petition No. QP 256 of 1996 of Mr Grady that was presented on 19 April 1996. 

In respect of the creditor's petition, I note first of all that on 4 April 1996, Mr Clout, a registered trustee consented to act as trustee of the estate of Mr Grady in the event that a sequestration order should be made against him. I should act on that consent, and it seems to me that the provisions of s 156A of the Bankruptcy Act 1966 apply in respect of that consent. I make that observation because there was a document presented to the Court, which is dated 11 April 1996, and which is a document from Ross Andrew Duus, a registered trustee, similarly consenting to act. That consent to act has not in fact been filed as it bears no filing stamp, and, having regard to the chronology on which those consents bear, it seems to me, that the consent which attracts the statutory consequence of s 156A is that of Mr Clout's.

Having regard to the material on the creditor's petition, I am satisfied of each of the matters of which the Act requires proof.

I make a sequestration order against the estate of Anthony John Grady, and I note that Mr Clout has consented to act as trustee  in respect of that estate.  If I have not earlier indicated, I am satisfied of the other matters of which the Act requires proof as well as the matters referred to in paragraph 4 of the creditor's petition.

I order that the costs of and incidental to the petition, including reserved costs, if any, be taxed and paid in accordance with the Act.

I certify that this and the preceding two (2) pages are a true copy of the reasons for judgment herein of the Honourable Justice Spender.

Associate
  Date: 13 May 1996

No appearance for Anthony John Grady.

Solicitors for BBC Hardware Limited:     Bennett and Philp

Date of Hearing                :         13 May 1996