Federal Court of Australia
CATCHWORDS
Bankruptcy - Sequestration order - Presentation of debtor's
petition while creditor's petition pending - Statutory bankruptcy - Control order under s.50 - Whether order ceases to be operative
by reason of bankruptcy - Whether sequestration order can still
be made - Whether sequestration order can be backdated - Consideration of automatic appointment of trustees by force of
para. 156A(3)(a) - Appointment of two trustees.
Bankruptcy Act 1961, ss. 30(1), 50, 52, 55, 57A, 58, 115, 156A, 228(2).
PETER LEOPOLD CLYNE v DEPUTY COMMISSTONER OF TAXATION & ORS
DEPUTY COMMISSTONER OF TAXATION v PETER LEOPOLD CLYNE & ANOR
NSW G287 and 319 of 1983
CORAM: Bowen C.J., St. John and Fisher J.J.
8 February 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
No. G287 of 1983 NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
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BETWEEN: PETER LEOPOLD CLYNE
Appellant DEPUTY COMMISSIONER OF TAXATION
First Respondent OFFICIAL TRUSTEE IN BANKRUPTCY
Second Respondent AND
WILLIAM EDWARD ANDREW
Third Respondent
ORDER
JUDGES MAKING ORDER: Bowen C.J., St. John and Fisher J.J. WHERE MADE: Sydney
DATE: 8 February 1984
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. Peter Leopold Clyne pay to the Deputy Commissioner of
Taxation his costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
No. G319 of 1983 NEW SOUTH WALES DISTRICT REGISTRY
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GENERAL DIVISTON
BETWEEN:
DEPUTY COMMISSIONER OF TAXATION
Appellant (Cross- Respondent )
AND PETER LEOPOLD CLYNE
First Respondent {(Cross-Appellant)
AND
WILLIAM EDWARD ANDREW
Second Respondent (Second Cross- Respondent )
ORDER
JUDGES MAKING ORDER: Bowen C.J., St. John and Fisher J.J.
WHERE MADE: Sydney DATE: 8 February 1984 THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The cross appeal be dismissed. 3. The order of 7 October 1983 be varied by substituting in
order No. 1 the date "5 September 1983" for the date "6 September 1983" and deleting the declaration that
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