Federal Court of Australia
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RE: PETE? WILLIE OJICOK
Petitionming Treac.ltir TOPAM: JACKSON J. DATE: 4th Pebruary 1936 DOLACE: MELBOTRNS MINUTES OF OFDER The Coucet socders cthac: i, A sequestration order be made against the estate of the debtor Z Costs, inclucing reserve2 costs, Lt taxed and paid aceccrding co the Act, Nate: et y of orders is dgealt with in
IN THE FEDERAL COURT OF AUSTRALIA
) ) GENERAL DIVISION ) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. P995 of 1985 ) VICTORTA A) RE: PETER WILLIAM OUICK Debtor EX PARTE: BARRY JOHN JAMES Petitioning Creditor CORAM: JACKSON J. DATE: 4th Februacy 1986 PLACE MELBOURNE
REASONS FOR JUDGMENT
On the hearing before me of a petition for a sequestration order in respect of the debtor, the ground of bankruptcy relied on being that referred to in s.40(1){g) of
the Bankruptcy Act 1966, two questions have arisen.
The first question is whether the order on which the bankruptcy notice is based 1s a "final judgment or final
order" in terms of s.40(1)(g).
The order in question 1s an order made by the County Court of Victoria at Ballarat on 3 October 1983, whereby the debtor, who was convicted on 84 counts of theft, was sentenced to a term of imprisonment and an order was also made pursuant to s.546 of the Crimes Act 1958 that the debtor pay the petitioning creditor the sum of $101,760.52. Orders, to one of which I shall refer later, were also made for the payment
of sums to other persons as well, also by way of ccmpensation.
$.546(1) of the Crimes Act 1958 provides relevantly
that
"(1) Where in any procedings for an offence, whether upon presentment or summarily, a person -
(a) 15 convicted for an offence; or
tb) without being convicted for an offence 15 ordered to be released upon entering into a recognisance conditioned for his appearance at a later time and for his good behaviour in the meantime; or
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