Federal Court of Australia
JUDGMENT No. £251 225°
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES
No. NX 146 of 1994
eee ee
Re: JOHN CAMPBELL HAWKINS Debtor
Between: DEPUTY COMMISSIONER OF
TAXATION Applicant/Creditor
And: JOHN CAMPBELL HAWKINS First respondent
FEDERAL COURT OF AUSTRALIA
21 JAN 2003 LIBRARY ~
And: RODERICK GERARD CUNICH Second respondent
REASONS FOR JUDGMENT
EINFELD J SYDNEY 10 APRIL 1995
The first respondent is a debtor against whom a sequestration order has been made but temporarily stayed. He seeks an order that the sequestration order be further stayed pending the filing of a notice of appeal against the decision given on 30 March. Draft grounds of appeal have been presented, and it says nothing about the quality of the appeal or its chances of success to say that the appeal must in all but one respect appear to be weak. There is certainly an arguable ground in relation to the voting for BAS Finance Pty Limited and there seems no reason why the debtor should not have the opportunity of pursuing that appeal
if he wishes to do so.
-2- It may be several months before this appeal can be heard and disposed of. The debtor has filed no evidence as to any hardship if the sequestration order takes effect. Indeed, it is admitted today, as was verified by affidavit evidence during the hearing, that the debtor has no assets and has no directorships or other financially rewarding or asset holding activities which would be affected by the sequestration order. Accordingly, this application for a stay comes down to the simple fact that the
debtor does not wish to be a bankrupt.
In the ordinary course, sequestration orders should come into effect as soon as they are made or as soon thereafter as is _ consistent with the interests of justice. I stayed the sequestration order until today so that the debtor could consider the effect of the judgment earlier given and obtain advice as to what steps he should now take. In answer to the debtor's lack of demonstrated hardship, the creditor argues that the sequestration order should take effect and the affairs of the debtor should be placed under administration. Otherwise debtors
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