Federal Court of Australia
CATCHWORDS Bankruptcy - petition presented by creditor - adjournment - debtor presents own petition -
sequestration - shortening of time of relation back - whether bankruptcy arising out of debtor's petition
should be annulled,
Bankruptcy Act 1966, ss. 115(1), 115(2) and 154(1) (a)
re JOHN WAYNE CORNISH; ex parte STEPHEN JOSEPH ENGLISH
No. P134 of 1984 No. 701 of 1984
Morling J. 19 November 1984
Brisbane
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE SOUTHERN
Bankruptcy No. P1134 of 1984 701 of 1984
DISTRICT OF THER STATE OF QUEENSLAND
JUDGE MAKING ORDER
Re: JOHN WAYNE CORNISH Ex parte: STEPHEN JOSEPH ENGLISH
ORDER
Morling J.
DATE _OF ORDER
19 November 1984
WHERE MADE 3 Brisbane
THE COURT ORDERS THAT:
1.
The bankruptcy of John Wayne Cornish resulting from the presentation of the petition in matter No. 701 of
1984 on 5 November 1984 is annulled.
The debtor is to pay the applicant's costs of the application for annulment, such costs to form part of
the costs in matter No. 134 of 1984.
A sequestration order is made against the estate of
John Wayne Cornish in matter No. 134 of 1984.
The substituted petitioning creditor's costs (including any reserved costs) are to be taxed and
paid in accordance with the Act.
IN 'HE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISTON
Bankruptcy No.
P134 of 1984 701 of 1984
BANKRUPTCY DISTRICT OF THE SOUTHERN
DISTRICT OF THE STATE OF QUEENSLAND
wee ewe we
Re: JOHN WAYNE CORNISH
Ex parte: STEPHEN JOSEPH ENGLISH
CORAM: Morling, J. DATED: 19 November 1984
REASONS FOR JUDGMENT
There are two applications before the court today. The first is an application by Mr Stephen Joseph English pursuant to s. 154(1)(a) of the Bankruptcy Act for an order annulling the bankruptcy of John Wayne Cornish. Mr Cornish presented a debtor's petition on 5 November 1984. The basis of the application to annul the bankruptcy is that the petition ought not to have been presented. The circumstances which give rise to the making of that application will be referred to
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