Federal Court of Australia
] mo ara AAA i S&S ~~
i CATCHWORDS
BANKRUPTCY - Application to set aside the signing and sealing of sequestration order by Registrar - extension of time - application to suspend/rescind or annul sequestration order - whether a sequestration order ought not to have been made - comparing rescission and annulment of sequestration order - going behind judgment debt - deed of arrangement - omission of information in statement of affairs by bankrupt — interests of commercial community and public.
Bankruptcy Act 1966 — ss 14, 33, 37, 73, 74, 149, 150, 154, 188, 189, Bankruptcy Rules - Rule 158
Re KURT AND GERLINDE PICCARDI Ex parte GEORGE GREGORY GRIVAS
W 1607 of 1986 .
CORAM: Einfeld J.
DATE: 3 August 1988
PLACE: Sydney
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT IN THE No. W 1607 of 1986
STATE OF NEW SOUTH WALES AND THE
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AUSTRALIAN CAPITAL TERRITORY
Re: KURT AND GERLINDE PICCARDI Applicants
Ex Parte: GEORGE GREGORY GRIVAS Respondent
CORAM: Einfeld J.
DATE: 3 August 1988
PLACE: Sydney
MINUTE OF ORDERS
1. The bankruptcy 1s annulled.
2. The objecting creditors, being Dick & Dons Pty Ltd, B.W.Modern Interiors Pty Ltd, Fire Fighting Sprinkler Co Ltd, and Boral Johns Perry Industries Pty Ltd, are to pay the applicants'
costs.
NOTE: Settlement and entry of these orders 1s dealt with in accordance
with Order 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT IN THE No. W 1607 of 1986
STATE OF NEW SOUTH WALES AND THE
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AUSTRALIAN CAPITAL TERRITORY
Re: KURT AND GERLINDE PICCARDT Applicants
Ex Parte: GEORGE GREGORY GRIVAS Respondent
CORAM: Einfeld J.
DATE: 3 August 1988
PLACE: Sydney
REASONS FOR JUDGMENT
On 18 November 1986, a sequestration order was pronounced against Kurt and Gerlinde Ptccardi (the applicants) on the petition of the respondent (Grivas). Immediately afterwards the applicants sought rescission or suspension of the order. On 27 January 1987, before the matter had been ruled on, the sequestration order was signed and sealed by the Registrar in Bankruptcy. Although in the circumstances set out in my earlier judgments in this matter on 8 and 24 July 1987, this administrative act was unknown to the applicants until 29 May 1987, section 37(2) of the Bankruptcy Act (the Act) prevents the suspension or rescission of this
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