Re Frank, J.V. v. Ex parte Piliszky, J. [1987] FCA 576

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'JUDGMENT No. Sh / a1

CATCHWORODS

BANKRUPTCY - Application for annulment of sequestration order - Whether sequestration order "ought not to have been made" - Sequestration order not to be annulled unless Judge bound in the circumstances not to have made the order - Residual discretion not to annul.

Bankruptcy Act 1966 S.37,38,52(1),154(1)

RE: JOSEF VICTOR FRANK

EX PARTE: JOZSEF PILISZKY

CORAM ; FISHER J. ADELAIDE 23 OCTOBER 1987

26.0CT 1987

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTAY

IN THE FEDERAL COURT OF AUSTRALIA )

) SOUTH AUSTRALIA DISTRICT REGISTRY)

GENERAL DIVISION No.258 of 1987

BANKRUPTCY DISTRICT OF THE STATE

ee ee

OF SOUTH AUSTRALIA

Re: JOSEF VICTOR FRANK

Ex Parte: JOZSEF PILISZKY

JUDGE MAKING ORDER

FISHER J.

WHERE MADE ADELAIDE

23 OCTOBER 1987

DATE OF ORDER

THE COURT ORDERS THAT:

1. The application is dismissed with costs.

Note: Settlement and entry of order is dealt with in Bankruptcy Rule 124.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

BANKRUPTCY DISTRICT OF THE STATE

) ) GENERAL DIVISION ) No.258 of 1987 ) ) ) )

OF SOUTH AUSTRALIA

RE: JOSEF VICTOR FRANK

EX PARTE: JOZSEF PILISZKY

CORAM: FISHER J.

23 OCTOBER 1987 REASONS FOR JUDGMENT This is an application under s.154 of the Bankruptcy Act ("the Act") for an annulment of a sequestration order made by Forster J. on 9 March 1987. The hearing of the application was conducted in extremely difficult circumstances doubtless because

the applicant Josef Victor Frank ("the bankrupt") was and has

" been in the past extremely litigious and was at all relevant times unrepresented. The bankrupt had lodged a notice of appeal seeking the setting aside of the sequestration order and included therein a request for its annulment. A separate application was subsequently made on 2 July 1987 for an annulment and the hearing of the appeal was stood over until this application is disposed