Federal Court of Australia
342 CATCHWORDS
BANKRUPTCY - application to stay any action or execution upon warrants issued for arrest of bankrupt - prior to sequestration bankrupt found guilty of offences under Builders' Registration and Home-Owners' Protection Act (Qld) - warrants issued for default in payment of fines and costs - application of sub-s. 60(1) of Bankruptcy Act - whether fines and costs ordered to be paid within sub-s. 60(1)(b) (i) - 3.82(3) of Bankruptcy Act providing penalties or fines imposed in respect of offences against a law not provable - application refused.
Bankruptcy Act 1966 ss. 60(1), 82(3)
Builders' Reqistration and. Home-Owners' Protection Act 1979-1983 (01d) ss. 53, 80, 83
Justices Aet 1ARB-1982 (91a) ss. 157, 159, 160, 161, 174
RE: BERNARD JEROME HIGGINS EX PARTE: BERNARD JEROME HIGGINS (Applicant)
ARCHIBALD NICHOLSON (Respondent)
(No. 571 of 1984)
SPENDER J. BRISBANE 23 NOVEMBER 1984
IN THE FEDERAL COURT OF AUSTRALIA ) No. 571 of 1984 GENERAL DIVISION }
BANKRUPECY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: BERNARD JEROME HIGGINS
EX PARTE: BERNARD JEROME HIGGINS (Applicant) ARCHIBALD NICHOLSON (Respondent)
DATE OF HEARING: 30 OCTOBER 1984
DATE JUDGMENT DELIVERED: 23 NOVEMBER 1984
COUNSEL :
- for the applicant My H. Gillman instructed by
Trilby Misso and Company.
. for the respondent Mr P. McMurdo instructed by John C. Walker for Noble.
23 November 1984 S. KIFT
ASSOCIATE TO SPENDER J.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )
NO. 571 OF 1984 BANKRUPTCY DISTRICT OF THE SOUTHERN )
DISTRICT OF THE STATE OF QUEENSLAND )
RE: BERNARD JEROME HIGGINS
EX PARTE: BERNARD JEROME HIGGINS (Applicant) ARCHIBALD NICHOLSON (Respondent)
ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 23 NOVEMBER 1984 WHERE MADE: BRISBANE
THE COURT ORDERS THAT: The Application be dismissed.
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