Hedrlin, Joseph v The Proprietors Strata Plan No 3670 & Anor [1983] FCA 250

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES AND

) ) ) ) ) ) )

AUSTRALIAN CAPITAL TERRITORY No. W448 of 1983

BETWEEN JOSEPH HEDRLIN Applicant AND "THE PROPRIETORS - STRATA

PLAN NO. 3670" First Respondent

MAX CHRISTOPHER DONNELLY Second Respondent

ORDERS Judge making order: Beaumont, J. Date order made: 29 August, 1983 Where made: Sydney.

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the costs of the first respondent including reserved costs.

3. The applicant pay the costs of the second respondent on a submitting basis.

4. Direct that the application to remove the trustee

be fixed for hearing on Tuesday, 4 October, 1983 at

2.15 p.m.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES AND

) ) ) ) ) No. W448 of 1983

AUSTRALIAN CAPITAL TERRITORY

BETWEEN JOSEPH HEDRLIN Applicant AND "THE PROPRIETORS - STRATA

PLAN NO. 3670" First Respondent

MAX CHRISTOPHER DONNELLY Second Respondent

CORAM: Beaumont, J. DATED: 29 August, 1983 (ex tempore)

REASONS FOR JUDGMENT

In this matter, by application dated 15 July, 1983

the applicant seeks orders in these terms:

"l. That the bankruptcy be annulled that the sequestration order ought not to have been made providing Sec.154 Bankruptcy Act 1966 as amended (sic).

2. The operation of the sequestration order be suspended.

3. Declare no jurisdiction of the Court in Bankruptcy, 1n relation to the matters of defence of the bankrupt, being jurisdiction of the State New South Wales.

4. Thé~court resolve the orders of costs, already made in this matter and thus occurring now Sec. 300 Bankruptcy Act."

It would appear that the application is brought pur-

suant to s.154(1) of the Bankruptcy Act, 1966. The applic-

ation is supported by an affidavit sworn by the applicant