Federal Court of Australia
CATCHWORDS
Bankruptcy Act 1966, s.154 - Order made annulling bankruptcy resulting from the acceptance by the Registrar of a petition described as a debtor's petition, lodged without the authority of the debtor and against his expressed wish by a person who had been his controlling trustee pursuant to a s.188 authority.
IN THE ESTATE OF NORMAN JOHN WRAY
APPLICANT: NORMAN JOHN WRAY
RESPONDENTS: THE OFFICIAL RECEIVER AS TRUSTEE OF THE SAID ESTATE and
DAVID HENRY SCOTT
SWEENEY J. 19 December 1979
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION No, 807 of 1979
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
In the Estate of Norman John Wray. Ex parte: NORMAN JOHN WRAY
Respondents: THE OFFICIAL RECEIVER AS TRUSTEE OF THE SAID ESTATE
and DAVID HENRY SCOTT
REASONS FOR JUDGMENT
C.A. Sweeney J. 19 December, 1979
By application dated 25 October 1979 Norman John Wray sought the following orders: '
"1. That the order bankrupting the said Norman John Wray be annulled pursuant to Section 154 of the Bankruptcy Act 1966.
2. An injunction postponing the sale by auction of the stock in trade of the said Norman John Wray until such time as a determination has been made in respect of the application set out in paragraph 1 hereof.
3. Such further or other order or orders,
directions or declarations as this
honourable Court shall deem meet."
The application was listed for hearing on that day, when Mr Maginn of counsel appeared for the applicant and Mr Santospirito appeared for the Official Receiver and, by leave, for the Deputy Commissioner of Taxation who claimed
to be a creditor in the amount of $29,206.06.
220 2/
The applicant filed an affidavit in support,
in which he deposed:
"1.
2.
That I am the person referred to in these proceedings as the Debtor.
That the facts stated herein which are within my personal knowledge are true and ali other facts are true to the best of my information and belief.
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