Ernst Abraham Siewsertsz Van Reesema v The Official Trustee in Bankruptcy [1983] FCA 213

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Bankruptcy - appeal from an order refusing an application for discharge made pursuant to s.150 ~ whether bankrupt was discharged by operation of s.149(2) upon the expiration of three years from the date of his bankruptcy < whether objection by trustee to discharge of bankrupt by operation of law was entered on one of the statutory grounds ~ order made by trial judge amending the ground upon which the objection was granted after the expiration of three years fran the date of his bankruptcy

Bankruptcy Act 1966 ss,33; 149; 1504 1535 269; 272, 306 Bankruptcy Rules: R49; 51iA; Form 23 Companies Code: s227

ERNST ABRAHAM SIEWSERTSZ VAN REESEMA -y THE OFFICIAL TRUSTEE IN BANKRUPTCY No. G3 of 1983

Sweeney, Sheppard & Beaumont JJ Melbourne 26 August, 1983

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IN THE FEDERAL COURT UF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY No, G3 of 1983 GENERAL DIVISION =

BANKRUPTCY DISTRIC. GR THE:

STATE OF SOUTH AUSTRABTA

ERNST ABRAHAM SIEWSERTSZ* VAN REKSEMA

Appellant

and

THE OFFICIAL TRUSTEE IN BANKRU

Respondent

ORDER

JUDGES MAKING ORDER: Sweeney, Sheppard & Beaumont JJ

DATE OF ORDER: 26 August 1983 WHERE MADE: Melbourne ~

THE COURT OHDERS THAT:

1.. The appeal be allowed against the order of 24 November 1982 and the order of 4 January 1983,

2. The order of 24 November 1982 be set aside and in lieu thereof it be ordered that the application for amendment be refused,

3. The order of 4 January 1983 be set aside and in lieu , thereof it be declared that the bankrupt was discharged fram bankruptcy upon the V\ '

"~\ expiration of three years fram the date of his bankruptcy, which was 17 September (19

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IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. G3 of 1983 GENERAL DIVISION -