Federal Court of Australia
CATCHWORDS
Interlocutory injunction - Restraint of presentation of debtor's
petition under s.55 of the Bankruptcy Act 1966 - Abuse of the
procedure under s.55 - Inference open that the presentation of
the petition was nothing more than a continuance of a plan to defraud the applicant and was intended to evade enforcement of an
earlier Mareva order.
Bankruptcy Act 1966, s.55 , '
Clyne v. Deputy 'Coniniissioner of Taxation (1984) 154 C.L.R. 589 In re Mottee (1977) 29 F.L.R. 406
EX parte Hewitt; In Re Drinkwater (1862) 31 L.J.(NS) (Cases in Bankruptcy) 83
Sandell v. Porter (1966) 115 C.L.R. 666
Bayne v. Riggall (1908) 6 C.L.R. 382
Bayne v. Blake (1909) 9 C.L.R. 347
EX PARTE: STERLING INDUSTRIES LIMITED (RECEIVERS AND MANAGERS APPOINTED) (Applicant/Creditor); RE: JOHN WILLIAM JACKSON (First Respondent/Debtor) AND THE REGISTRAR IN BANKRUPTCY FOR THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND (Second Respondent)
P.452 of 1986
Burchett J. Sydney 5 September 1986
10 SHIP i235 "\. BADERAL couAT a
\. 8 AUSTRALIA ly
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY GENERAL DIVISION
No. P452 of 1986
EX PARTE:
STERLING INDUSTRIES LIMITED (RECEIVERS AND MANAGERS APPOINTED)
Applicant/Creditor
JOHN WILLIAM JACKSON
First Respondent/ Debtor
THE REGISTRAR IN BANKRUPTCY FOR THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
Second Respondent
MINUTE OF ORDERS OF THE COURT
Judge Making Orders: Burchett J. Where Made: Sydney
Date of Orders: 5 September 1986
Upon the Applicant giving the usual undertaking as to damages THE COURT ORDERS THAT:
(1) John William Jackson be restrained until further order from presenting a petition against himself pursuant to s.55 of the Bankruptcy Act 1966 and that the Registrar in Bankruptcy for the Southern District of the State of Queensland be restrained until further order from
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