Federal Court of Australia
CATCHWORDS
'BANKRUPTCY - Notice of hearing date not received by debtor - Failure of agent employed by debtor to notify hearing date to debtor or arrange representation - Denial of natural justice - Inherent jurisdiction to set aside sequestration order and order rehearing of petition - Whether appropriate remedy is rescission or discharge of order or annulment - Considerations applicable to exercise of discretion to order rehearing - "Real question to be
tried" - Meaning of "discharge" in 3.37.
Bankruptcy Act 1966 - ss.37 and 154.
Cameron v. Cole (1944) 68 CLR 571
Taylor v. Taylor (1979) 143 CLR 1
Balhorn v. Colby (1982) 45 ALR 174
The Commissioner of Police v. Tanos (1958) 98 CLR 383
Re Deriu (1970) 16 FLR 420
Re Bond (1978) 22 ALR 287
Clyne v. Deputy Commissioner of Taxation (No. 3) (1984) 58 ALJR Lamontagne v. Lamontagne (1964) 44 DLR (2d) 228
RE: JOHN ANASIS; EX PARTE: TOTAL AUSTRALIA LIMITED
No. W.772 of 1985
Burchett J. Sydney 6 December 1985
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. W.772 of 1985
ween
RE: JOHN ANASIS
EX PARTE: TOTAL AUSTRALIA LIMITED
MINUTE OF ORDERS
Judge Making Order: Burchett Jd. Date of Order: 6 December 1985 Where Made: Sydney
THE COURT ORDERS THAT:
(1)
(2)
(3)
(4)
Note:
The sequestration order made on 20 August 1985 be set
aside and the bankruptcy of John Anasis thereunder be annulled.
The petition be reheard and for that purpose be listed in the Bankruptcy Gist on 10 February 1986.
The applicant pay the costs of the petitioning creditor of the application to set aside the sequestration order made on 20 August 1985, and of all steps properly taken under the sequestration order, and the costs of and expenses properly incurred by the Trustee.
The costs of the petitioning creditor up to the making of the sequestration order be reserved, to be dealt with upon the rehearing of the petition.
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