Deputy Commissioner of Taxation v Peter Leopold Clyne [1984] FCA 383

)

' 333 Bankruptcy Act 1966 - case stated ~- whether creditor's petition lapsed - sequestration order thereon set aside by High Court -

. whether sequestration order a nullity - whether Act requires valid

sequestration order - consequences if petition does not lapse

Bankruptcy Act 1966 s. 52 Federal Court of Australia Act 1976 ss.5,25

S10 0 ON v. PETER LEOPOLD CLYNE No. P4 of 1983

TOOHEY, JENKINSON & WILCOX JJ. SYDNEY

16 NOVEMBER 1984

IN THE FEDERAL COURT OF AUSTRALIA

BANKRUPTCY

OF THE STATE OF NEW SOUTH WALES AND THE

DISTRICT No. P4 of 1983

~—wwewweer ww

AUSTRALIAN CAPITAL TERRITORY {t) USTI S' BETWEEN: sIo TLIO Applicant and PETER LEOPOLD CLYNE Respondent QO RD E R J ES G ORDER : Toohey, Jenkinson & Wilcox JJ. DATE OF ORDER 3 16 November 1984 WHERE MADE : Sydney URT 0: THAT: lL. Answer questions reserved by St. John J. as follows:

(a)

Whether within the meaning of Section 52(4) of the Bankruptcy Act 1966 a sequestration order was made on the petition of the petitioning creditor on 7th

October, 1983 - YES

~

2.

(b) If the answer to question 1 is no, whether I have power to extend the period at the expiration of which the petition would lapse to 3rd January, 1985 ~ DOES NOT ARISE.

(c) Whether the credtior's petition has now lapsed within the meaning of Section 52(4) - NO.

The respondent pay to the applicant his costs of the Stated Case.

The petition be remitted to St. John J. for further

hearing.

——_

IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT

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NEW SOUTH WALES AND THE