Federal Court of Australia
CATCHWORDS
BANKRUPTCY - sequestration order made in Queensland in 1976 - second sequestration order made in New South Wales in 1977 - second sequestration order ought never to have been made and vubsequently annulled in 1983 - application by bankrupt for declaration that he wae discharged from his first bankruptcy by operation of law on 1 February 1981 pursuant to sub-s. 149(2)(a) - effect of annulment of second bankruptcy on sub-s. 149(3) - whether by reason of 1983 annulment applicant not a person who "again became a bankrupt" subsequent Lo Queensland bankruptcy within sub-s. 149(3)'b) - applicant not discharded by operation of law on 1 February 1981 under 5.149 - discharge granted under s.150.
Bankruptcy Act 1966, 33. 5(1), 37, 43(2)(c), 149, 159, 154
RE: CHARLES RAYMOND HAYES EX PARTE: CHARLES RAYMOND HAYES
(Estate No. 283 of 1976)
SPENDER J. BRISBANE 16 NOVEMBER 1984
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) }
Estate No. 283 of 1976
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: CHARLES RAYMOND HAYES
BX PARTE: CHARLES RAYMOND HAYES
ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 16 NOVEMBER 1984 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The applicant is hereby discharged from his bankruptcy of 16 December 1976.
IN THE PODERAL COURT OF AUSTRALIA } GENERAL DIVISION ) )
BANKRUPTCY DISTRICT OF THE SOUTHERN } DISTRICT OF THE STATE OF QUPENSLAND )
Estate No. 283 of 1976
RE: CHARLES RAYMOND HAYES
EX PARTE: CHARLES RAYMOND HAYES
SPENDER J. 16 NOVEMBER 1984
REASONS FOR JUDGMENT
Thia case involves a consideration of the provisions of the Bankruptcy Act 1966 ("the Act") dealing with discharge and
declarations of nullity.
The applicant applies for a declaration that he was
discharged from bankruptcy by operation of law on 1 February
19B1, under sub-s. 149(2)(a) of the Act. In the alternative, he
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