Federal Court of Australia
P
Ss
720 K
BANKRUPTCY - date of discharge - interlocutory order extending
date for statutory discharge pending determination of substantive application - order under' sub-s.149(12) - doubtful power - voidable not void - treated as valid - no power to rescind as operation terminated on dismissal of substantive application -
further interlocutory order extending creditor's objection under
sub~s.149(8) ~- interlocutory order "set aside" by final order - whether equivalent to rescission of order under s.37 - "set aside" - meaning - retroactive in effect - order rescinded ab initio -
directions as to date of discharge - observation on prosecution of
bankrupt based on technical issues.
Bankruptcy Act 1966
Re: Ronald Frederick Heelan Ex Parte: The Official Trustee in Bankruptcy, the trustee of the roperty of Ronald Frederick Heelan, a bankrupt. No. WAG 124 of 1971
'
FRENCH J. 28 APRIL 1987
PERTH
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTAY
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
NO. WAG 124 of 1971
RE: RONALD FREDERICK HEELAN
EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY, the trustee of the property of Ronald Frederick Heelan,
a bankrupt
Applicant
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 28 APRIL 1987 WHERE MADE: Perth
THE COURT ORDERS THAT:
l. It is declared that the bankrupt was discharged from bankruptcy pursuant to the provisions of s.149 of the
Bankruptcy Act 1966 on 15 April 1986.
2. Each party to bear their own costs.
Note: Settlement and entry of orders 1s dealt with in
Rule 124 of the Bankrupty Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
NO. WAG 124 of 1971
wwe ews we we
RE: RONALD FREDERICK HEELAN
EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY, the trustee of the property of Ronald Frederick Heelan, a bankrupt
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