Federal Court of Australia
NOT Fo@® Mer aytiad
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. W448 of 1983
) ) ) ) BANKRUPTCY DISTRICT ) ) OF THE STATE OF NEW SOUTH WALES AND )
)
)
THE AUSTRAL IAN CAPITAL TERRITORY
RE: JOSEPH HEDRLIN A Bankrupt EX PARTE: MAX CHRISTOPHER DONNELLY,
(the Trustee of the property of JOSEPH HEDRLIN, a bankrupt)
Applicant ROBERT. RLIN
First Respondent HELENE HEDRLIN
Second Respondent PETER HEDRLIN
Third Respondent
REASONS _F'OR JUDGMENT
LOCKHART J.
Some months ago Mr. Hedrlin, the applicant of today, filed an application for the annulment of this bankruptcy. In those proceedings he sought leave to convert that application for annulment
into an applictaion for discharge which I granted. Since then that
application has been before the Court on more than one occasion.
However at the last mention, an adjournment was granted so that in due course an application could be made by the trustee of Mr. Hedrlin's estate for appropriate declarations as to certain property which, it was said, was the property of Mr. Hedrlin and therefore
available for his creditors. However, before such an application was
made Mr. Hedriin requested that his application for a bankruptcy discharge be restored to the list. This was done and it comes before
me today.
Mr. Hedrlin asked that his application for discharge be treated as a withdrawal or alternatively that he be given leave to withdraw that application and convert it into an application for annulment so that he may pursue certain proceedings in the Supreme
Court of New South Wales which have been adjourned generally for
sometime. The trustee does not oppose that course.
I think, therefore, that the proper course to take is to accede to Mr. Hedrlin's application. Accordingly, I give leave to Mr. Hedrlin to convert his application for discharge into one for
annulment.
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