Re McCollum, I.M. v. Ex parte McCollum, I.M. [1987] FCA 90

CATCHWORDS

BANKRUPTCY - annulment - going behind default Supreme Court judgment - judgment obtained on writ setting out wrong cause of action -

whether existence of real debt.

Bankruptcy Act 1966, s.154(1)

Re: Jan Malcolm McCollum

Ex parte: The Bankrupt E564 of 1985

PINCUS J.

BRISBANE

5 MARCH 1987

x

~ 6 MAR 1987

EDERAL COURT OF F AUSTRALIA

PRINCIPAL REGISTRY

~

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON ) QLD E564 of 1985

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: IAN MALCOLM McCOLLUM

EX PARTE: THE _ BANKRUPT

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 5 MARCH 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The sequestration order made on 12 August 1985 be annulled;

2. The judgment creditor pay one half of the applicant's costs of the application to annul, to be taxed.

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

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

wv

QLD E564 of 1985

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: IAN MALCOLM McCOLLUM

EX PARTE: THE BANKRUPT

PINCUS J. 5 MARCH 1987

REASONS FOR JUDGMENT

This 1s an application for annulment of a sequestration order. The ground on which the annulment is sought is one of

those in s.154(1) of the Bankruptcy Act 1966, namely that the

order "ought not to have been made". The sequestration order, which was made on 12 August 1985, was based upon an act of bankruptcy consisting in failure to comply with a bankruptcy notice which was founded on a judgment obtained in the Supreme