Heinrich v Commonwealth Bank of Australia [2003] FCAFC 315

FEDERAL COURT OF AUSTRALIA

Heinrich v Commonwealth Bank of Australia [2003] FCAFC 315

BANKRUPTCY – appeal against refusal of application to annul sequestration order – appeal dismissed.

Bankruptcy Act 1966 (Cth), s 153B

STEPHEN GLENN HEINRICH v COMMONWEALTH BANK OF AUSTRALIA S 571 of 2003 CARR, FINN & SUNDBERG JJ 22 DECEMBER 2003 PERTH (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 571 OF 2003

BETWEEN: STEPHEN GLENN HEINRICH

APPELLANT

AND: COMMONWEALTH BANK OF AUSTRALIA

(ACN 123 123 124)

RESPONDENT

JUDGES: CARR, FINN & SUNDBERG JJ

DATE OF ORDER: 22 DECEMBER 2003

WHERE MADE: PERTH (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 571 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STEPHEN GLENN HEINRICH

APPELLANT

AND: COMMONWEALTH BANK OF AUSTRALIA

(ACN 123 123 124)

RESPONDENT

JUDGES: CARR, FINN & SUNDBERG JJ

DATE: 22 DECEMBER 2003

PLACE: PERTH (HEARD IN ADELAIDE)

REASONS FOR JUDGMENT THE COURT:

INTRODUCTION 1 This is an appeal from a judgment of a judge of this Court given on 6 June 2003, dismissing the appellant's application, under s 153B of the Bankruptcy Act 1966 (Cth), for an order annulling his bankruptcy. The appellant was made bankrupt by a sequestration order made on 6 September 2000 on the petition of the respondent. 2 The sequestration order was based upon the indebtedness of the appellant to the respondent which was determined by a judgment of the Supreme Court of South Australia on 24 February 2000 ("the judgment debt") in Action No 1648 of 1993 ("the debt action"): Commonwealth Bank of Australia v Heinrich [2000] SASC 20. The judgment determined that, as at 11 January 2000, the appellant was indebted to the respondent in the sum of $673,358.81 together with interest from that date. On 29 March 2000 the respondent caused a bankruptcy notice based on the judgment to be served on the appellant. The appellant failed to comply with the terms of that notice, thereby committing an act of bankruptcy on 19 April 2000.