Federal Court of Australia
CATCHWORDS
Bankruptcy - Sequestration order - Second sequestration order - Application for annulment of second order - Whether
sequestration order ought not to have been made.
Bankruptcy Act, 1966, s.149(3)(a), 154.
Re Charles Raymond Hayes; Ex parte The Bankrupt
No. W226 of 1977
Beaumont, J. Sydney. 7 October, 1983.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT THE STATE OF -
NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY No. W226 of 1977 H CHARLES RAYMOND HAYES
EX PARTE: THE BANKRUPT
ORDERS JUDGE MAKING ORDERS: Beaumont, J. DATE ORDERS MADE: 4 October, 1983. WHERE MADE: Sydney. THE COURT ORDERS THAT: l. The sequestration order made against Charles Raymond
Hayes made on 28 April, 1977 be annulled pursuant to s.154
of the Bankruptcy Act, 1966, as amended.
2. No order as to costs.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT THE STATE OF
NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY No. W226 of 1977 RE: CHARLES RAYMOND HAYES EX PARTE: THE BANKRUPT
CORAM: BEAUMONT, J.
DATED: 7 October, 1983.
REASONS FOR JUDGMENT
On 28 April, 1977 a sequestration order was made in Sydney by this Court against the estate of the applicant Charles Raymond Hayes. It appears that, when the sequestration order was made, there was no evidence before the Court that the applicant had already become bankrupt in Queensland but on 16 December, 1976, a sequestration order had already been made against the applicant in the Supreme
Court of Queensland exercising federal jurisdiction in
2.
bankruptcy. The petitioning creditor in the New South Wales bankruptcy, L.G. Chandler Timber and Hardware Merchants Pty. Limited, was also a creditor in the estate the subject of the sequestration order made in Queensland on 16 December, 1976. This is an application by the applicant bankrupt for an order that the sequestration order made on 28 April, 1977 be annulled pursuant to s.154 of the Bankruptcy Act, 1966 '("the Act"). The application for annulment of the New South Wales bankruptcy is not opposed by L.G. Chandler Timber and
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