Federal Court of Australia
CATCHWORDS BANKRUPTCY - Application for annulment of sequestration order - debtor not present or represented at hearing of petition - effect where debtor not given notice of hearing date - application of merger in bankruptcy - effect on debt where judgment set aside and later judgment given - effect of pending appeal against judgment Bankruptcy Act 1966 s 153B Corporations Law s 440J Taylor v Taylor (1979) 143 CLR 1 Refd Re Anasis Ex parte Total Australia Ltd (1985) 11 FCR 127 Refd Ahern v Deputy Commissioner of Taxation (1987) 76 ALR 137 Refd Bayne v Blake (1909) 9 CLR 360 Refd In Re King & Beesley Ex parte King & Beesley [1895] 1 QB 189 Refd Wren v Mahony (1972) 126 CLR 212 Refd In Re Hayes Ex parte Thomas Borthwick & Sons (Australasia) Ltd (1970) 18 FLR 216 Refd In Re Hanby Ex parte Flemington Central Spares Pty Ltd (1967) 10 FLR 378 Cons Re Peter Douglas Baker Ex parte The Abovenamed v Pioneer Industries Pty Ltd No QB 1606 of 1995 Kiefel J Brisbane 11 August 1995
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QB1606 of 1995 RE: PETER DOUGLAS BAKER EX PARTE: THE ABOVENAMED Applicant AND: PIONEER INDUSTRIES PTY LTD Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 11 August 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The bankruptcy be annulled. 2. The further hearing of the petition be adjourned to a date to be fixed by the Registrar following the conclusion of the Appeal in the Supreme Court of Queensland and for further directions by the Registrar. 3. The petitioning creditor be at liberty to apply in the event that the appeal is not prosecuted with diligence. 4. The costs of and incidental to the application including reserved costs be reserved pending the outcome of the Appeal. 5. The applicant and the respondent are to pay the trustee's costs in the administration to be taxed. 6. The trustee is granted liberty to apply. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
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