Phillips, T.S. v Aboriginal Development Commission [1987] FCA 170

CATCHWORDS

BANKRUPTCY - Creditor's petition - Debtor an Aboriginal - Acquisition by British Crown of colony of New South Wales - Whether by settlement or conquest - Concept of "terra nullius" -

Whether debtor bound by Bankruptcy Act 1966 (Cth).

ABORIGINES - Whether bound by Bankruptcy Act 1966 (Cth) -

Acquisition by British Crown of colony of New South Wales - Whether by settlement or conquest - Concept of "terra nullius".

Re THOMAS STEVEN PHILLIPS Ex parte ABORIGINAL DEVELOPMENT COMMISSION

No. P 2035 of 1986

Neaves J.

13 April 1987

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISTON No. P 2035 of 1986 BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

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RE: THOMAS STEVEN PHILLIPS Debtor EX PARTE: ABORIGINAL DEVELOPMENT COMMISSION Creditor

MINUTE OF ORDER

JUDGE MAKING ORDER

Neaves d.

DATE OF ORDER 13 April 1987

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WHERE MADE : Canberra

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THE COURT ORDERS THAT:

1. .A sequestration order be made against the estate of the debtor, Thomas Steven Phillips.

2. The creditor's costs, including any reserved costs, be taxed and paid according to the Bankruptcy Act 1966 (Cth).

Note: Settlement and entry of orders is dealt with in rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

No. P 2035 of 1986 BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

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RE: THOMAS STEVEN PHILLIPS Debtor EX PARTE: ABORIGINAL DEVELOPMENT. COMMISSION Creditor

CORAM: Neaves Jd.

DATE: 13 April 1987

REASONS FOR JUDGMENT

I have before me a creditor's petition presented on 12 November 1986 by the Aboriginal Development Commission against Thomas Steven Phillips. The creditor claims that the debtor is justly and truly indebted to it in the sum of $7,876.06, together with interest, in respect of moneys advanced to the debtor by the creditor.