Wharton, Stephen Lynne v Household Financial Services Ltd [1995] FCA 875

CATCHWORDS Bankruptcy - Proceedings in connection with sequestration - Bankruptcy notice - Final order alleged to have been obtained in respect of a contract rendered unenforceable by statute - Non-compliance an act of bankruptcy. Bankruptcy - Proceedings in connection with sequestration - Hearing of creditor's petition - Going behind judgment - Factors relevant to exercise of discretionary power considered.

Bankruptcy Act 1966 (Cth) ss 40(1)(g), 52(1) Hire-Purchase Act 1959 (Vic.) s 7 Re Vella; Ex parte Seymour (1983) 67 F.L.R. 287; 48 A.L.R. 420 appr. Re Hayes; Ex parte Thomas Borthwick & sons (A/Asia) Ltd. (1970) 18 F.L.R. 216 foll. STEPHEN LYNNE WHARTON v. HOUSEHOLD FINANCIAL SERVICES LIMITED VG438 of 1994 Jenkinson, Ryan and Lee JJ. Melbourne 3 November, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG438 of 1994 GENERAL DIVISION )

On Appeal from a Single Judge of the Federal Court of Australia BETWEEN: STEPHEN LYNNE WHARTON Appellant AND: HOUSEHOLD FINANCIAL SERVICES LIMITED Respondent CORAM: Jenkinson, Ryan and Lee JJ. PLACE: Melbourne DATE: 3 November, 1995 MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The respondent's costs of the appeal be taxed and be costs of the petitioning creditor in the application of s.109 of the Bankruptcy Act 1966. (Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG438 of 1994 GENERAL DIVISION )

On Appeal from a Single Judge of the Federal Court of Australia BETWEEN: STEPHEN LYNNE WHARTON Appellant AND: HOUSEHOLD FINANCIAL SERVICES LIMITED Respondent CORAM: Jenkinson, Ryan and Lee JJ. PLACE: Melbourne DATE: 3 November, 1995 REASONS FOR JUDGMENT