Re Jackson, Colin Matthew also known as Colin Jackson Ex Parte Agricultural Publishers Pty Ltd (formerly Rural Press (NSW) Pty Ltd)

[1996] FCA 949

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA     )
GENERAL DIVISION  )
   No. QP 747 of 1995
BANKRUPTCY DISTRICT OF THE             )
STATE OF QUEENSLAND  )

RE:COLIN MATTHEW JACKSON also known as COLIN JACKSON also known as COLIN JACKSON

Debtor

EX PARTE:AGRICULTURAL PUBLISHERS PTY LTD (formerly RURAL PRESS (NSW) PTY LTD) ACN 000 560 430

Creditor

MINUTES OF ORDER

JUDGE MAKING ORDER:     Spender J

DATE OF ORDER:          14 October 1996

WHERE MADE:              Brisbane

THE COURT ORDERS THAT:

1. A sequestration order be made against the estate of the debtor.

1. The petitioning creditor's costs of and incidental to the petition, including reserved costs, be taxed and paid in priority 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  )
   No. QP 747 of 199
BANKRUPTCY DISTRICT OF THE             )
STATE OF QUEENSLAND  )

RE:COLIN MATTHEW JACKSON also known as COLIN JACKSON also known as COLIN JACKSON

Debtor

EX PARTE:AGRICULTURAL PUBLISHERS PTY LTD (formerly RURAL PRESS (NSW) PTY LTD) ACN 000 560 430

Creditor

CORAM:    Spender J
DATE:     14 October 1996
PLACE:    Brisbane

REASONS FOR JUDGMENT

This is a creditor's petition.  When the matter was before the Registrar on a previous occasion, directions were given concerning the filing of a notice of intention of the debtor to appear at the hearing of the petition and to file affidavit material in support of that notice of intention to oppose.   In accordance with the Registrar's order, the notice of intention of the debtor to appear at the hearing of the petition was filed on 1 October 1996.

The grounds of opposition in that notice are that

"The Debtor is not indebted as alleged in the creditor's petition No. 747 of 1995 dated November 29 1995"

and further the notice says:

"The Debtor was not served with a copy of the Bankruptcy Notice as stated in the affidavit of Cheryl Yvonne Emms dated December 12, 1995. "

No further material was supplied by Mr Jackson as directed by the Registrar and he did not appear today. 

On the material before me I am satisfied first that the debtor was aware of the hearing of this petition.  He has not complied with the directions concerning the prosecution of his notice of intention to oppose.  The evidence before me therefore is uncontradicted that service of the bankruptcy notice was effected as sworn to in the affidavit of Cheryl Yvonne Emms, and there is no complaint as to service of the creditor's petition which was made pursuant to an order of Deputy District Registrar Allen on 17 July 1996 directing service to be affected by post to the post office box which Mr Jackson is using as his address for service.

On the material before me, I am satisfied of the matters of which the Bankruptcy Act 1966 ("the Act") requires proof and of the matters alleged in par 4 of the creditor's petition. I am satisfied of the other matters on which the Act requires proof.

I note that Mr Ross Duus, the registered trustee, has consented to act as trustee in the estate of the debtor in the event of a sequestration order being against him.

I make a sequestration order against the estate of Colin Matthew Jackson also known as Colin Jackson.

I order the petitioning creditor's costs of and incidental to this petition, including all reserved costs, be taxed and paid in accordance with the Act.

I make the orders in terms of the draft which I initial, date and place on the papers.   I have amended the draft order by altering the name so that it reads, "Re: Colin Matthew Jackson also known as Colin Jackson", and I initial and date the draft order.

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:  14 October 1996

There was no appearance for the debtor.

Counsel for the creditor       :         Mr I A Erskine

instructed by                  :         Brian Shepherdson & Assoc.

Date of Hearing                :         14 October 1996