Federal Court of Australia
JUDGMENT No. 4 927,88. se
CATCHWORDS
Bankruptcy - application to annul bankruptcy - para. 154 (1) (a) of Bankruptcy Act 1966 - whether sequestration order "ought not to have been made" - what constitutes personal service under Rule 1i5 of the Bankruptcy Rules - whether bankruptcy should be annulled.
Extradition - whether circumstances of extradition of debtor to Australia may be taken into account in deciding application under para. 154 (1) (a) of the Bankruptcy Act 1966.
Public International Law - whether 1ssue concerning conduct of
foreign relations between Australia and Germany ""non- justicizable" in court exercising federal jurisdiction - speciality undertaking in extradition - consequences in
municipal law of breach thereof and of false statements made in relation thereto.
Constitutional Law - extent of the executive power of the Commonwealth to seek extradition in absence of treaty.
Acts Interpretation Act 1901 Crimes Act 1914 Income Tax Assessment Act 1936
Passports Act 1938
Bankruptcy Act 1966 Extradition (Foreign States) Act 1966
Crimes (Taxation Offences) Act 1980 Director of Public Prosecutions Act 1983 The Australia Act 1966
dudiciary Act 1903
Bankruptcy Rules
Federat Court Rules
Companies (NSW) Code
English Rules of the Supreme Court 5 d 1852
English Common Law Procedure Act
Vitzdamm-Jones v Vitzdamm-Jones (1981) 148 CLR 383
Re Anasis; Ex parte Total Australia Ltd. (1985) 63 ALR 493 Re Williams (1b85) I3 FLR id
Re Scott (1975) 6 ALR 558
Re Hedrlin; Ex parte Donnelly (Full Court, 29 October 1987,
unrep. ) Barton v The Commonwealth (1974) 131 CLR 477
In re Long; Ex parte Fraser Confirming Pty. Ltd. (1975) 12 SASR 13
Re Williams; Ex parte Alberton Electrical Service Pty. Ltd.
(1982) 43 ALR 2 Pino v Prosser [1967] VR 835
Pigeon v Bruce and Dobson (1818) 8 Taunt. 410; 129 ER 441 Davidson v McCarten [1953] VLR 697
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