Re Clyne, Peter Leopold v Ex parte Deputy Commissioner of Taxation [1983] FCA 258

CATCHWORDS

Bankruptcy - Debtor bankrupt upon presentation of debtor's petition - Creditor's petition awaiting hearing - Opposition to creditor's petition - Power of court to make sequestration order on earlier creditor's petition - Effect of sequestration order on debts owed by bankrupt - Circumstances when court has power to make sequestration order notwithstanding earlier

bankruptcy - interests of general body of creditors considered-

relation back.

Bankruptcy Act, 1966 ss.52(1), 55, 55(3)(b), 58(3) {b), 82(1), , 84(1), 85(1), 86(1)

Re Peter Leopold Clyne; Ex parte Deputy Commissioner of Taxation

No. P4 of 1983

Beaumont, J. Sydney. 7 October, 1983.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE

OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY No. P4 of 1983 RE: PETER LEOPOLD CLYNE Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Petitioner ORDERS

JUDGE MAKING ORDERS: Beaumont, J.

DATE ORDERS MADE: 7 October, 1983. WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. That a sequestration order be made against the estate of the debtor, such order to take effect on 6 September, 1983 prior to the presentation by the debtor of his own petition

pursuant to the provisions of s.55 of the Act.

2. Declare that William Edward Andrew is the trustee of

the estate of the debtor.

3. Order that costs (including reserved costs) be

taxed and paid according to the Act.

4. Order that costs of the trustee of intervening in

this proceeding be taxed and paid according to the Act.

5. Direct that a draft of this order be delivered to

the Registrar within seven days in accordance with Rule 124(2).

ep

IN THE FEDERAL COURT OF AUSTRALIA