Federal Court of Australia
IN THE FEDERAL COURT
OF AUSTRALIA NEW SOUTH WALES
DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN
AND
BETWEEN
Judge making orders: Date orders made:
Where made:
No.
G137 of 1983
JOSEPH HEDRLIN
Applicant
THE PROPRIETORS OF STRATA PLAN
No. 3670
Respondent
No.
W448 of 1983
JOSEPH HEDRLIN
Applicant
TIIE PROPRIETORS ~- STRATA PLAN
No. 3670
First Respondent
MAX CHRISTOPHER DONNELLY
Second Respondent
ORDERS
Beaumont, J. 27 September,
Sydney.
1983.
Mee ee re tee ar erernenr nae meee atten ee Aine UREN Be emer Santee ome
THE COURT ORDERS THAT:
In matter No. W448 of 1983:
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.
In matter No. G137 of 1983:
1. The application be dismissed.
2. The applicant pay the costs of the respondents including
reserved costs.
enae ee ad trae EntY Cove emma meer enn eens eee ee eee
IN THE FEDERAL COURT
OF AUSTRALIA
NEW SOUTH WALES
DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN
No. G. 137 of 1983
JOSEPH HEDRLIN
AND
BETWEEN
Applicant
THE PROPRIETORS OF STRATA PLAN
No. 3670
Respondent
No. W. 448 of 1983
JOSEPH HEDRLIN
AND
AND
CORAM: Beaumont, J.
DATED: 27 September,
1983.
Applicant
THE PROPRIETORS ~—- STRATA PLAN No. 3670
First Respondent
MAX CHRISTOPHER DONNELLY
Second Respondent
REASONS FOR JUDCMENT
I will deal first with matter No. W 448 of 1983. There are two applications before the Court. The first is an application to stay proceedings under the sequestration order; the second is an application to annul the bankruptcy.
The first application is an interim application and 1s incidental
to the second application.
On 29 August, 1983 I refused a similar application for annulment for the reasons I then gave. On this occasion the applicant has covered much of the ground raised in the earlier application. Even if the matter were not res judicata, I see no reason for changing the views I then expressed. However, the
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