Re Nolan, Desmond Gerard Ex parte Westpac Banking Corporation [1996] FCA 873

CATCHWORDS BANKRUPTCY - amendment of creditor's petition after sequestration order made - consideration of value of securities - inadvertence of solicitor in failing to include securities in creditor's petition - secured creditor presented as an unsecured creditor. Bankruptcy Act 1966 ss 44, 44(1), 44(2), 47(1)(a), 44(5) Re O'Leary; ex parte Bayne (1985) 61 ALR 674, 678 Foll Re Wiggins; ex parte Credit Assistance Pty Ltd (1979) 36 FLR 182 Cons Re Florance; ex parte Turimetta Properties Pty Ltd (No 2) (1980) 39 FLR 400 Refd Re Finn; ex parte Amoco Australia Ltd and Official Receiver in Bankruptcy (1982) 41 ALR 487 Refd In Re a Debtor; ex parte Okill v The Debtor [1977] 1 WLR 1308 Refd Re Kwiatek; ex parte Big J Ltd v Pattison (1989) 21 FCR 374 Cons In Re a Debtor [1922] 2 KB 109 Refd In Re Lewis; ex parte Stephens (1917) VLR 164 Refd Re: Desmond Gerard Nolan ex parte Westpac Banking Corporation No QB 2125 of 1996 Kiefel J Brisbane 4 October 1996

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No QB 2125 of 1996 RE: DESMOND GERARD NOLAN Debtor EX PARTE: WESTPAC BANKING CORPORATION Applicant JUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 4 October 1996 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The creditor's petition number 128 of 1996 filed on 22 February 1996 and amended on 29 May 1996 be further amended in terms of Exhibit GDS-8 to the affidavit of G D Sheahan filed 19 September 1996. 2. Re-service of the further amended petition be dispensed with. 3. The request by the Trustee pursuant to s 44(5) Bankruptcy Act 1966 dated 17 September 1996 be set aside. 4. The applicant Westpac Banking Corporation pay the Trustee's costs of and incidental to the giving of that notice and of this hearing to be taxed on a solicitor and client basis. Note: Settlement and Entry of Orders is dealt with in Rule 124 of the Bankruptcy Act.