Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
° Fy No. W.448 of 1983 |
BANKRUPTCY DISTRICT OF
THE STATE OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
°
RE: JOSEPH HEDRLIN
Bankrupt (Applicant)
CORAM: WILCOX J [ I
PLACE: SYDNEY
DATE: 14 JULY 1987
MINUTES OF ORDER 1
THE COURT ORDERS THAT:
1. The application, insofar as it relates to the first
three orders sought, be dismissed.
2. The application, insofar as it relates to the fourth .
order sought, be adjourned until 2.15 p.m.
NOTE: Settlement and entry of orders is dea wing Bankruptcy Rule 124. JE"
ERAL COURT OF FED AUSTRALIA
INCIPAL Ghalstar
"
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF No. W.448 of 1983
THE STATE OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: JOSEPH HEDRLIN
Bankrupt (Applicant)
CORAM : WILCOX J
PLACE: SYDNEY
DATE: 14 JULY 1987
EXTEMPORE REASONS FOR JUDGMENT
There is before the Court an application filed by the bankrupt, Joseph Hedrlin, dated 3 June 1987, in which he seeks four orders: firstly, annulment under s.154(1)(a) of the
Bankruptcy Act 1966 on the basis that the sequestration ought
never to have been made. Secondly, leave to appeal to the Full Court against the making of the sequestration order on 29 June 1983. Thirdly, discharge under s.149(1). Finally,
removal of the trustee, Max Christopher Donnelly.
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2.
The sequestration order has already been the subject of one appeal to a Full Court, which appeal was dismissed. According to Mr Hedrlin, the point that he now seeks to agitate was not then known to him and consequently was not ruled on by the Court. Apparently it was not raised at the time of the making of the sequestration order. No notice of opposition, at least on that ground, was filed. Consequently, any evidence which might have been available to the petitioning creditor in respect of the matter, had the point
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