Goddard, Re I.G. Ex Parte The Bankrupt [1986] FCA 525

CATCHWORODS

BANKRUPTCY - both accepted debtor's petition and sequestration order - effect of erroneous acceptance of former ~- annulment - whether

deemed discharge.

Bankruptcy Act, 1966 ss.55; 149, 154(1); 156A(1)

Re: Ian Geoffrey Goddard

Ex parte: The Bankrupt QLD E197 of 1982

PINCUS J. BRISBANE 14 NOVEMBER 1986

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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND ) QLD £197 of 1982

RE: IAN GEOFFREY GODDARD

EX PARTE: THE BANKRUPT

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 14 NOVEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The bankruptcy constituted by acceptance of the debtor's petition on 16 March 1982 be annulled.

2. It be declared that the applicant Mr. Goddard is deemed to have been discharged on 27 May 1985 and that he is no longer a bankrupt.

Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )

BANKRUPTCY DISTRICT OF THE SOUTHERN )

DISTRICT OF THE STATE OF QUEENSLAND ) QLD E197 of 1982

RE: IAN GEOFFREY GODDARD

EX PARTE: THE BANKRUPT

PINCUS J. 14 NOVEMBER 1986

REASONS FOR JUDGMENT

This is an application by Mr. I1.G. Goddard relating to discharge from his bankruptcy. In a practical sense and procedurally, the application has become connected with an application made by the Deputy Registrar in respect of the trustees of the estate of the applicant, Mr. Goddard, in which

judgment is also being given today.

On 10 February 1982, Mr. J.W. Ahern, a registered

trustee, signed a consent to act as trustee of the estate of the

applicant under the Bankruptcy Act 1966, and that consent was filed on 26 February 1982, with a creditor's petition. Although