Federal Court of Australia
JUDGMENT No, sc. Suldseeel wn? Lon
CATCHWORDS
Bankruptcy - application' of the Bankruptcy Act Amendment Act 1991 - no jurisdiction or power in the court to order discharge from bankruptcy - jurisdiction and power of
court under section 178 of the Bankruptcy Act 1966 to review decision of trustee to object to automatic discharge.
Bankruptcy Act 1966 Sections 149, 150, 178 Bankruptcy Act Amendment Act 1991 Sections 27, 54
McGoldrick v. Official Trustee in Bankruptcy (1993) 47 FCR 547 Van Reesema v. Official Trustee in Bankruptcy (1983) 69 FLR 424
Re:_Jorgen Skov; Ex parte Jorgen Skov QB 1030 of 1989 Cooper J., Brisbane, 30 September, 1994
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IN_THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
No. OB 1030 of 1989
RE. JORGEN SKOV (A Bankrupt)
EX PARTE: JORGEN SKOV IUDGE MAKING ORDERS: = Cooper J. DATE OF ORDER: 30 September, 1994 WHERE MADE: Brisbane
MINUTES OF ORDER
THE COURT ORDERS THAT: 1. The application, insofar as it seeks in paragraph 1 an order that the
applicant be discharged from bankruptcy, is dismissed.
2. The application, insofar as the relief claimed in paragraphs 2 and 3 of the application, will be adjourned to the bankruptcy list for 1 November, 1994 for hearing on its merits.
3. The costs of the preliminary objection will be reserved to the judge hearing the application on 1 November, 1994
THE COURT DIRECTS THAT:
3. The trustee to file any affidavit material in opposition to the application on — .._ or before 4.00 p.m. 17 October, 1994.
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licant to file any affidavit material in reply on or before 4.00 p.m. r, 1994,
Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
No, OB 1030 of 1989 RE: JORGEN SKOV (A Bankrupt) EX PARTE: JORGEN SKOV CORAM: Cooper J. DATE: 28 September, 1994 PLACE: Brisbane REASONS FOR JUDGMENT
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