Deputy Commissioner of Taxation v. Edelsten & Ors [1988] FCA 75

JIDEMENT No, FS 7 3S,

CATCHWORDS

BANKRUPTCY - Application to annul bankruptcy by virtue of the presentation of a debtor's petition - Principles governing cases where the presentation of a debtor's petition is an abuse of process - Proof of a purpose foreign to the nature of the process - Relevance of evidence showing or suggesting that prior transactions had occurred which would be liable to be set aside if an order were made upon a creditor's petition but would not be so liable if the bankruptcy upon the debtor's petition stood - Observations concerning the scope of s.154({1) - Application of Jones v. Dunkel - Suggestion of reform of s.55.

Bankruptcy Act 1966, ss.55, 115, 118, 122, 154

DEPUTY COMMISSIONER OF TAXATION -V- EDELSTEN & ORS.

$Q.1136 of 1987

Burchett J. Sydney 10 March 1988

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION )

BANKRUPTCY DISTRICT OF THE STATE ) No. S01136 of 1987 ) )

OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN DEPUTY COMMISSIONER OF TAXATION

Applicant

AND:

GEOFFREY WALTER EDELSTEN First Respondent

AND:

DESMOND WILLIAM KNIGHT Second Respondent AND:

CHARLES ROBERT WILCOX

Third Respondent

MINUTE OF ORDER OF THE COURT

Judge Making Order: Burchett J. Where Made: Sydney Date of Order: 10 March 1988

THE COURT ORDERS THAT:

(1) The bankruptcy of the respondent Geoffrey Walter Edelsten by virtue of the presentation of the debtor's

petition referred to in the application be annulled. (2) The first respondent pay the costs of the applicant of this application.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

No. SQ1136 of 1987

BETWEEN:

DEPUTY COMMISSIONER OF TAXATION

Applicant AND:

GEOFFREY WALTER EDELSTEN