Federal Court of Australia
ore
Ve VRQ
iin A
a niin a in ii, irae i. dell
o_o".
CATCHWORDS BANKRUPTCY - Costs of petitioning creditor where debtor's
petition is presented during pendency of creditor's petition - Circumstances in which annulment of bankruptcy consequent upon
debtor's petition refused but special costs order made upon
dismissal of creditor's petition.
Bankruptcy Act 1966, s.32, s.154(1)(a), s.156A
Clyne v. Deputy Commissioner of Taxation (1984) 154 CLR 589
Clyne v. Deputy Commissioner of Taxation (1984) 6 FCR 418 Clyne v. Deputy Commissioner of Taxation (unreported, Sweeney J., 12 October 19184)
Re Cornish; Ex parte English (1984) 6 FCR 257
RE: DONALD IAN HANKEY; EX PARTE: NOEL AUSTIN KRATZMANN
P.489 of 1986 E.507 of 1986
Burchett J. yt tes . Brisbane NS 3 July 1986 ' - -
ic ~ -
me eee te
aegesere oee
IN THE FEDERAL COURT OF AUSTRALIA
) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE SOUTHERN ) Nos. P.489 and E.507 ) )
DISTRICT OF THE, STATE OF QUEENSLAND of 1986
RE:
DONALD IAN HANKEY
Debtor
EX PARTE:
NOEL AUSTIN KRATZMANN
Applicant
DATE: 3 July 1986
EX-TEMPORE REASONS FOR JUDGMENT
BURCHETT J.
In this matter, the applicant for annulment is the petitioning creditor in a bankruptcy petition based on a bankruptcy notice. The petition was served on 20 May, and was set down for hearing on 30 June. On 20 June the debtor presented his own petition, which was accepted by the Registrar, being in proper form. The petitionzng creditor asked for an annulment of the automatic bankruptcy thereby produced, under s.154(1){a) on the ground that the debtor's petition ought not to have been presented. Reliance is placed on Clyne's Case (1984) 154 CLR
589.
In the joint judgment of the Chief Justice and Murphy,
Brennan and Dawson JJ. in that case, it was said at p.599 that
an et
2.
the debtor, Mr. Clyne, frankly admitted the purpose of preventing the making of a sequestration order and thereby preventing his bankruptcy relating back to a time since when he had disposed of
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