Federal Court of Australia
DATE OF ORDER.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. VG 17 of 1980
GENERAL DIVISION
BETWEEN: JOUN RUSSELL WOOLLEY
Appellant AND: THE OFFICIAL RECEIVER FOR BANKRUPTY Respondent ORDER JUDGES MAKING ORDER: Deane, McGregor and Lockhart JJ.
Thursday 31 July, 1980
WHERE MADE: Melbourne
THE COURT ORDERS THAT: "e
The appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. VG 17 of 1980
Nee
GENERAL DIVISION
BETWEEN: JOHN RUSSELL WOOLLEY
Appellant AND: THE OFFICIAL RECEIVER FOR BANKRUPTY Respondent ORDER JUDGES MAKING ORDER: Deane, McGregor and Lockhart JJ. DATE OF ORDER: Thursday 31 July, 1980 WHERE MADE: Melbourne
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
VG 17 of 1980
) } VICTORIAN DISTRICT REGISTRY ) NO. ) )
GENERAL DIVISION
BETWEEN: JOHN RUSSELL WOOLLEY
Appellant
AND: THE OFFICIAL RECEIVER FOR BANKRUPTCY
Respondent
CORAM: Deane, McGregor and Lockhart Jd.
Thursday 31 July, 1980
REASONS FOR JUDGMENT
DEANE J: This 18 an appeal from a judgment of a single
judge of this court (Mr. Justice Smithers) dismissing an
application by the appellant, John Russell Woolley, for
annulment of his bankruptcy, pursuant to the provisions of
s.154 of the Benkruptcy Act, 1966. The sequestration crder
in respect of the appellant's estate had been made on 9
December, 1976, pursuant to a petition presented by Adriano
Umberto Frigo. The act of bankruptcy alleged against the
appellant and found to have been committed by him was failure to comply with the requirements of a bankruptcy notice based upon a default judgment against the appellant in Mr. Frago's
favour.
The basis of the application for annulment before Mr. Justice Smithers was that the debt in respect of which the relevant judgment had been obtained was in truth owing to Mr. Erigo not by the appellant but by a company, Fisher and Fisher Proprietary Limited ("the Company"), with which the
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