GIO Workers Compensation (NSW) Ltd, in the matter of Barron v Barron [1999] FCA 1739 (7 December 1999)

Last Updated: 17 December 1999

CATEGORY: NO QUESTION OF PRINCIPLE

FEDERAL COURT OF AUSTRALIA

GIO Workers Compensation (NSW) Ltd, in the matter of Barron v Barron [1999] FCA 1739

IN THE MATTER OF LESLIE RAYMOND BARRON

GIO WORKERS COMPENSATION (NSW) LTD v LESLIE RAYMOND BARRON

N7996 OF 1999

EMMETT J

7 DECEMBER 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7996 OF 1999

IN THE MATTER OF LESLIE RAYMOND BARRON

BETWEEN:	GIO WORKERS COMPENSATION (NSW) LIMITED APPLICANT
AND:	LESLIE RAYMOND BARRON RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	7 DECEMBER 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The bankruptcy of Leslie Raymond Barron pursuant to the sequestration order made 13 October 1999 be annulled.

2. The respondent, Leslie Raymond Barron, pay the applicant's costs in the agreed sum of $3,379.00 within 21 days of the date of this order.

3. The respondent, Leslie Raymond Barron, pay the costs of the Trustee in Bankruptcy, Giles Woodgate, in a sum not to exceed $2,000.00 within 28 days.

4. Compliance with Order 77 rule 42(2) and Order 77 rule 44 be dispensed with.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7996 OF 1999

IN THE MATTER OF LESLIE RAYMOND BARRON

BETWEEN:	GIO WORKERS COMPENSATION (NSW) LIMITED APPLICANT
AND:	LESLIE RAYMOND BARRON RESPONDENT

JUDGE:	EMMETT J
DATE:	7 DECEMBER 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 I have before me an application for the annulment of the bankruptcy of Leslie Raymond Barron. A sequestration order was made under the Bankruptcy Act 1966 ("the Act") in respect of the estate of Mr Barron on 13 October 1999 by Registrar Quinn.

2 The bankruptcy notice on which the act of bankruptcy was based was served on 15 July 1999. The petition was served on Mr Barron on 16 September 1999. Mr Barron was unable to make payment straight away as he was awaiting a progress payment for building work. On 7 October 1999, he received the awaited progress payment and, on that day, forwarded a cheque for the full amount claimed in the creditor's petition to the solicitors for the petitioner.

3 Having sent that cheque, Mr Barron did not think that it was necessary to attend court on 13 October 1999. In fact, the cheque was not received by the solicitor for the petitioner until after return from court on 13 October 1999, after the sequestration order had been made. Mr Barron became aware of the order when telephoned by the Trustee on 14 October 1999.

4 In accordance with the Act, a statement of affairs was prepared by Mr Barron. There is no reason to doubt the accuracy of the statement of affairs. It shows one secured creditor, Westlawn Investments, in an amount of $84,000, secured on real property valued at $120,000. The statement of affairs discloses three unsecured creditors, being two local councils for water rates and shire rates for $1,984 and $1,262, respectively, and the Australian Taxation Office for $10,000, being a total of $13,246.

5 Each of the creditors has been notified of the application for annulment. I have also seen evidence from the Trustee that he consents to the annulment of the bankruptcy, subject to being secured as to costs. In addition, the Trustee has signed short minutes of order. The short minutes have also been signed by the solicitor for the petitioner.

6 In the circumstances, I consider that it is appropriate that the sequestration order be annulled. Accordingly, I make orders in accordance with the short minutes of order signed by the solicitors for the parties and the Trustee, which I have initialled, dated with today's date and placed with the papers. I order that compliance with Order 77, rule 42(2) and Order 77, rule 44 be dispensed with.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated: 15 December 1999

Solicitor for the Applicant:	P.W. Turk & Associates
Solicitor for the Respondent:	Sally Nash & Co
Date of Hearing:	7 December 1999
Date of Judgment:	7 December 1999