Federal Court of Australia
JUDGMENT No. 2273&.
CATCHWORODS
BANKRUPTCY - two bankruptcies - second beyond Court's power - whether should be annulled - whether second (annulled) bankruptcy prevents automatic discharge - conflicting decisions.
Bankruptcy Act 1966, ss.149, 150, 154
Re: Mark Andrew Fitzgerald
Ex parte: The Bankrupt Qld E454 of 1983
Re: Mark Andrew Fitzgerald
Ex parte: The Bankrupt Qld E455 of 1983
PINCUS J. BRISBANE 23 February 1988
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
QLD E454 of 1983
RE: MARK ANDREW FITZGERALD EX PARTE: THE BANKRUPT
QLD E455 of 1983
RE: MARK ANDREW FITZGERALD EX PARTE: THE BANKRUPT
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 23 FEBRUARY 1988 WHERE MADE: BRISBANE THE COURT: 1. orders that the second bankruptcy founded upon the
sequestration order made on 3 October 1983 be annulled under s.154(1) of the Bankruptcy Act 1966;
2. declares that by virtue of s.149(1) of the Bankruptcy Act 1966 the applicant is discharged from the bankruptcy consequent upon the acceptance of his debtor's petition on 3 October 1983; and
3. orders that there be no order as to costs. i
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
|
IN THR FEDERAL COURT OF AUSTRALIA GENERAL DIVISION )
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND
QLD E454 of 1983
RE: MARK ANDREW FITZGERALD
EX PARTE: JHE BANKRUPT
QLD E455 of 1983
RE: MARK ANDREW FITZGERALD EX PARTE: THE BANKRUPT
PINCUS J. 23 FEBRUARY 1988
REASONS FOR JUDGMENT
I have before me applications for annulment of
bankruptcy or alternatively discharge from bankruptcy.
On 26 October 1982, there was presented against the applicant a petition for sequestration by a creditor, and a sequestration order was made on it by an order of 3 October 1983.
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