Federal Court of Australia
Bankruptcy Act 1966 - appeal - debtor's petition - annulment -
whether petition abuse of process - ratio decidendi of decision of High Court - whether dicta of High Court obiter
Bankruptcy Act 1966 5.55
PETER CLYNE v. DEPUTY COMMISSIONER OF TAXATION AND WILLIAM EDWARD ANDREW No. G 373 of 1983
TOOHEY, JENKINSON & WILCOX JJ. SYDNEY
16 NOVEMBER 1984
deve
wan
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT
OF THE STATE OF
NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. G373 of 1984
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ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA (Mr. Justice Sweeney)
BETWEEN:
PETER CLYNE Appellant and ; DEPUTY COMMISSIONER OF TAXATION First Respondent and WILLIAM EDWARD ANDREW Second Respondent oO R D E R
JURGES MAKING ORDER : Toohey, Jenkinson & Wilcox JJ.
DATE OF ORDER : 16 November 1984 WHERE MADE 3 Sydney THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the costs of the respondents of
the appeal.
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- AUSTRALIAN CAPITAL TERRITORY No. G.373 of 1984
ON APPEAL COURT OF AU L (Mr Justice Sweeney)
BETWEEN: PETER CLYNE:
we
Appellant ; r a AND: D ia] STO ie) ' TAXATION First Respondent AND: WILLIAM EDWARD ANDREW Second Respondent REASONS FOR JUDGMENT: CORAM: TOOHEY. JENKINSON AND WILCOX JJ DATE: 16 NOVEMBER 1984 PLACE: SYDNEY
TOOHEY AND WILCOX JJ
This matter. relating to bankruptcy proceedings broucaht by the Deputv Commissioner of Taxation against Peter
Leopold Clyne. arises consequentiallv upon the decision of the
2.
High Court of Australia in Clyne v Deputy Commissioner of Taxation (1984) 58 ALJR 398 in which the Court held that a sequestration order made by a Judge of this Court upon the petition of the Deputy Commissioner, as a judgement creditor of Mr Clyne, must be set aside as being made beyond power. The reason for that conclusion was that. shortly before the hearing of the creditor's petition. Mr Clyne had filed a debtor's petition which had been accepted by the Reqistrar
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