Federal Court of Australia
le.) 2738/87...
"I
T
>
HWORDS
Bankruptcy - application for annulment of bankruptcy - application made five years after bankrupt discharged by operation of law - bankrupt desirous of setting off losses incurred prior to bankruptcy against taxable income earned after dischargecompetency of application - bankrupt guilty of serious
default in lodgment of income tax returns.
Bankruptcy Act 1966, ss. 149, 153 and 154 Income Tax Assessment Act 1936, s. 80
RE JOHN WILLIAM OATES; EX PARTE: THE DEPUTY COMMISSIONER OF
TAXATION No. P218 of 1979 and No. 310 of 1979
Coram: Sheppard J. Place: Sydney Date : 23 December 1987
IN_TH ERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) ) No. P218 of 1979 BANKRUPTCY DISTRICT ' No. 310 of 1979 ) OF_THE OF NEW SOUTH WALES ) ) AND THE AUSTRALIAN CAPITAL TERRITORY ) RE: JOHN WILLLIAM OATES
EX PARTE: THE DEPUTY COMMISSIONER OF TAXATION
MINUTES OF ORDER
JUDGE MAKING ORDER: SHEPPARD J.
DATE OF ORDER : 23 DECEMBER 1987 WHERE MADE : SYDNEY
THE COURT ORDERS THAT the bankruptcy be annulled.
Settlement and entry of orders is dealt with in Rule 124 of the
Bankruptcy Rules.
IN_THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. P218 of 1979 No. 310 of 1979
GENERAL DIVISTON
BANKRUPTCY DISTRICT
OF THE STATE OF NEW SOUTH WALES
-~ Sse ee ewe err ree
AND THE AUSTRALIAN CAPITAL TERRITORY
RE: JOHN WILLIAM OATES EX PARTE: THE DEPUTY COMMISSIONER OF TAXATION
CORAM: SHEPPARD J. DATE : 23 DECEMBER 1987
HIS HONOUR: This ts an application by a former bankrupt for an order annullinag his bankruptcy. The application is not opposed by the bankrupt's Trustee but is opposed by one of his creditors, the Deputy Commissioner of Taxation. The application is unusual. The sequestration order was made on 18 April 1979 and the bankrupt was discharged from his bankruptcy by force of s. 149 of the Bankruptcy Act 1966 three years later. The Deputy Commissioner opposes the application on the grounds that' the bankrupt is not a bankrupt within the meaning of s. 154 of the Act and/or that, because of the conduct of the bankrupt during and after his bankruptcy, the Court ought to refuse the order
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate