Federal Court of Australia
7 [ez
CATCHWORDS
BANKRUPTCY - rescission of sequestration order under s.37 of the Act - sequestration order not signed or sealed -— distinction between order made but not signed and sealed and
an order which has been finalised - whether debtor ceases to
be a bankrupt
Bankruptcy Act 1966 (Cth) s.37, s.43(2)
RE: STEVEN WILLIAM BAKER; EX PARTE TLE ELECTRICAL PTY LIMITED NO. W231 cf 1988
Davies J. Sydney 21 March 1988
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE:
ee
No. W231 of 1988
STEVEN WILLIAM BAKER
EX PARTE:
Debtor
TLE ELECTRICAL PTY LIMITED
CORAM: Davies J. DATE: 21 March 1988 PLACE: Sydney
FORMERLY TELCON AUSTRALIA
PTY LIMITED
Petitioning Creditor
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The sequestration order made on 16 February 1988 be rescinded.
2. The creditor's petition dated 10 September 1987 be dismissed.
Note: Settlement and entry of orders is dealt with in
Bankruptcy Rule 124.
GENERAL DIVISION
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF No. W231 of 1988
NEW SOUTH WALES AND
eee Se
THE AUSTRALIAN CAPITAL TERRITORY
RE: STEVEN WILLIAM BAKER
Debtor
EX PARTE: TLE ELECTRICAL PTY LIMITED FORMERLY TELCON AUSTRALIA PTY LIMITED
Petitioning Creditor
CORAM: Davies J. DATE: 21 March 1988 PLACE: Sydney
REASONS FOR JUDGMENT
This is an application for the rescission of an order of sequestration of the estate of Steven William Baker. The
application is made under s.37 of the Bankruptcy Act 1966
(Cth)("the Act") which since its amendment by Act No. 12 of
1980 has read, inter alia:-
"37(1) Subject to sub-sections (2) and (3), the Court may rescind, vary or discharge an order made by it under this Act or suspend the operation of such an order.
37(2) The Court shall not, after a sequestration order has been signed and sealed as provided by the rules, rescind or suspend the operation of the order."
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