Deputy Commissioner of Taxation v Peter Leopold Clyne & anor [1984] FCA 355

CATCHWORDS

Bankruptcy Act 1966 ~- application for annulment of bankruptcy on debtor's own petition - whether abuse of process - whether

order should be made - conditions.

DEPUTY COMMISSIONER OF TAXATION V PETER LEOPOLD CLYNE AND

WILLIAM EDWARD ANDREW No W.838 of 1983

Sweeney J.

Melbourne

12 October, 1984.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION, BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND

THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:

NO. W.838 OF 1983

eh ad

DEPUTY COMMISSIONER OF TAXATION Applicant

AND / PETER LEOPOLD CLYNE First Respondent AND WILLIAM EDWARD ANDREW Second Respondent ORDER

JUDGE MAKING ORDER: Sweeney J.

DATE OF ORDER

WHERE MADE

12 October 1984

: Melbourne

THE COURT ORDERS THAT:

1. the bankruptcy of the debtor be annulled.

_

2. the property of the debtor presently vested in the second respondent be vested in John William o'Brien, a registerted trustee, of 50

Bridge Street Sydney, on terms that John

William O'Brien. take control of the said -

property upon trust for the creditors of the debtor, subject to payment thereout of the proper costs, disbursements and remuneration of the second respondent as trustee of the property of the debtor under debtor's petition W838 of 1983 in the Bankruptcy District of New South Wales and subject to any further directions or orders which may be given or

made by any judge of the court, with liberty being reserved to any party to apply to any

judge of the court, on two days notice.

the debtor pay the taxed costs of the

applicant and the second respondent, and

the creditors petition of the applicant against the debtor (No P4 of 1983) be adjourned to a date to be fixed by the Registrar for hearing before any judge of the

court.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION, BANKRUPTCY DISTRICT

NO. W.838 OF 1983 OF THE STATE OF NEW SOUTH WALES AND