Seidermann, Re W.R.R. G.James Pty Ltd, Ex parte

[1988] FCA 310

IN THE FEDERAL COURT OF AUSTRALIA	)
GENERAL DIVISION	) QLD P1766 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN	1
DISTRICT OF THE STATE OF OWEENSLAND	1

RE:	WERNER RICHARD ROLF SEIDEMANN
M PARTE:	G. JAMES PTY LIMITED

MINUTES OF ORDER

JKGE MAKING ORDER:	PINCUS J.
DATE OF ORDER:	5 MAY 1988
WHERE MADE:	BRISBANE

Rule 124 of the Bankruptcy Rules.

THE COURT ORDERS THAT:

1. the petition be amended by replacing the date 10

October 1987 in paragraph	4 by the date 12 October
1987;

2 .	a sequestration order be made in respect	of	the
estate of the debtor;

3 . the petitioning creditor's costs of and Incldental

to the proceedings be taxed and paid in accordance

with the Bankruptcy Act 1966.

D:  Settlement and entry of orders 1s dealt with in

IN THE FEDERAL COURT OF AUSTRALIA	)
GENERAL DIVISION	) QLD P1766 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN	)
DISTRICT OF THE STATE OF OUEENSLAND	1

RE:	WERNER RICHARD R O W SEIDEMANN
EX PARTE:	G. JAMES PTY LIMITED

PINCUS J. 5 MAY 1988

EX "PORE REASONS FOR JUDGMENT

I order that the petition be amended by replaclng the

date 10 October 1987 in paragraph 4 by the date 12 October 1987.

I dispense with reverlflcation and reservlce. I hold that the

execution of the petition is sufficiently proved.

Hr. Seidemann has asked for more time, and there is

something to be said for glving	h m more time, but regrettably the
matter has been before the Court from time to time and he has not

been able to pay.

It may be, as Mr Seidemann says, that bankruptcy will

turn out to be pointless from the creditor's point of view, but I

fear that the stage has been reached at which a sequestration

order must be made, and I will make one.

I make a sequestration order in respect of the estate of

the debtor.	I find the act of bankruptcy alleged in the petition,
that is, in paragraph 4.	I order that the petitioning creditor’s

costs of and incidental to the proceedings be taxed and paid in

accordance with the Act.