Hall, Nancy Cloonan v Anderson, Josephine Mary & Anor [1995] FCA 886

CATCHWORDS BANKRUPTCY - application to annul sequestration order - whether sequestration order ought not to have been made - sequestration order grounded on non-compliance with bankruptcy notice - bankrupt requesting Federal Court to go behind Supreme Court judgment - writ served by substituted service - judgment obtained in default of appearance - whether tender of moneys owing prior to issue of writ - whether any other basis for annulment - applicant alleging conspiracy to which petitioning creditor's solicitors a party - no factual basis for application - application dismissed. Re Calderon, unreported, Federal Court of Bankruptcy, 31 May 1977 No. NSW 573 of 1976 Pollock v. Commissioner of Taxation (1994) 94 ATC 4148 Re Steele; Ex parte Official Trustee in Bankruptcy v. Clayton Utz (a firm) (1994) 119 ALR 716 Re Bond; Ex parte Ramsey (1994) 126 ALR 720 Bond v. Touhy (1995) 128 ALR 595 Bankruptcy Act 1966 (Cth), s.153B NANCY CLOONAN HALL v. JOSEPHINE MARY ANDERSON ANDERSON and JEFFREY LAURENCE HERBERT (AS TRUSTEE OF THE BANKRUPT) No. WB 244 of 1995 CARR J. PERTH 6 NOVEMBER 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) BANKRUPTCY DISTRICT ) No. WB 244 of 1995 OF THE STATE OF ) WESTERN AUSTRALIA ) B E T W E E N : NANCY CLOONAN HALL Applicant and JOSEPHINE MARY ANDERSON ANDERSON First Respondent and JEFFREY LAURENCE HERBERT (AS TRUSTEE OF THE BANKRUPT) Second Respondent CORAM: CARR J. PLACE: PERTH DATE: 6 NOVEMBER 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) BANKRUPTCY DISTRICT ) No. WB 244 of 1995 OF THE STATE OF ) WESTERN AUSTRALIA ) B E T W E E N : NANCY CLOONAN HALL Applicant and JOSEPHINE MARY ANDERSON ANDERSON First Respondent and JEFFREY LAURENCE HERBERT (AS TRUSTEE OF THE BANKRUPT) Second Respondent CORAM: CARR J. PLACE: PERTH DATE: 6 NOVEMBER 1995 REASONS FOR JUDGMENT Introduction This is an application, under s.153B of the Bankruptcy Act 1966 (Cth) ("the Act"), by Miss Nancy Cloonan Hall for an order annulling her bankruptcy. On 24 February 1995, District Registrar Jan made a sequestration order against Miss Hall's estate, on the petition of the first respondent, Mrs Josephine Mary Anderson Anderson. In those circumstances, although the application does not state the grounds upon which it is made (other than to state that it is made under s.153B of the Act) the only potentially relevant ground must be that the sequestration order "ought not to have been made".