Federal Court of Australia
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
Judge making order: Burchett J. Where made: Sydney
Date of order: 18 February 1986
IN THE FEDERAL COURT OF AUSTRALIA
No. 448 of 1983
www wvwnw
iB
OSEPH HEDRLIN
Bankrupt
MINUTE OF ORDER OF THE COURT
THE COURT ORDERS THAT:
(1)
(2)
The application for annulment of the bankruptcy be
dismissed.
The bankrupt pay the costs of the trustee and the
petitioning creditor.
Settlement and entry of orders is dealt with in Rule of the Bankruptcy Rules.
Saha"
re
eS gua ae ey wy Serie oe fees OT STEERS A P,P 84,
Since then, there have been at least half a dozen applications for annulment, and at least one further appeal to the Full Court. The present application for annulment was said to be ona ground new and different from grounds previously taken. It was said that a sequestration order ought not to have been made, because the debtor was, in fact, able to pay his debts. Mr. Hedrlin presumably relies on the decision in Re Sarina (1980) 32 A.L.R. 596.
With engaging frankness, he declares that he had no intention of paying the petitioning creditor's debt, and does not intend ever to pay it, but that he was able to pay and that his ability to pay provided a defence. In support of this defence, he has referred to his employment, although he declined to accept that it could accurately be described by that name. Rather, he
preferred to say that he was engaged in "helping" his wife in her
business, and indeed that he helped in certain other businesses as well. He says that by these means, though not working regular
hours, he was in receipt of income.
He also referred to three particular properties, that
is, pieces of real estate, one at Wentworth Falls which was in his wife's name, one at Coffs Harbour which he says was in the joint names of his wife and himself, and one at Surry Hills which
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate