Federal Court of Australia
CATCHWORDS
BANKRUPTCY - application for annulment - debtor's petition - whether abuse of process - debtor not insolvent at time of presentation of debtor's petition nor did he belzreve that he was
- ulterior private purpose foreign to s.55 - false affidavit
"accompanying debtor's petition - bankruptcy annulled.
Bankruptcy Act 1966 ss. 55,154
Clyne v. Deputy Commissioner of Taxation (1984) 154 C.L.R. 589 Sandeli v. Porter (1966) 115 C.L.R. 666
In re Betts; Ex parte Official Receiver (1901) 2 KB 39 Re Mottee; Ex parte Mottee (1977) 29 F.L.R. 406
Re Raimondo Moncada Ex parte: Giovanna Mary Moncada and Official Trustee in Bankruptcy
No. W175 of 1981
Jackson J. lst May 1986 Sydney
IN THE FEDERAL COURT OF AUSTRALTA GENERAL DIVISTON BANKRUPTCY DISTRICT OF THE STATE OF No. W175 of 1981
NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: RAIMONDO MONCADA ° Debtor EX PARTE: GIOVANNA MARY MONCADA Applicant OFFICIAL TRUSTEE IN BANKRUPTCY Respondent JUDGE MAKING ORDER: JACKSON J. DATE _OF ORDER : 1ST MAY 1986 WHERE MADE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT: -
1. The bankrupt's bankruptcy which commenced on 4th March 1981 be, and is hereby, annulled.
2. So much of the property as revests in the bankrupt by reason of the annulment of that bankruptcy revest subject to the condition that the remuneration of the trustee be satisfied from that property.
3. The bankrupt pay to the applicant and to the trustee their costs of and incidental to these proceedings, including reserved costs to he taxed.
Note: Settlement and entry of orders is dealt with in Rule 124 of the BankruptLy Rules.
IN_THE' FEDERAL COURT OF AUSTRALTA GENERAL DIVISION
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. W175 of 1981 ) NEW SOUTH WALES AND )
)
)
THE AUSTRALIAN CAPITAL TERRITORY
RE: RATMONDO MONCADA Debtor EX PARTE: GIOVANNA MARY MONCADA Applicant
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