Re McLaren, Phillip Ex Parte Aboriginal Torres Strait Islander Commission [1997] FCA 397

CATCHWORDS BANKRUPTCY - creditor's petition - sequestration order - current petition based on judgment debt incurred after discharge from previous bankruptcy - whether judgment debt provable in previous bankruptcy as a contingent liability - whether legal relationship required between parties at date of previous bankruptcy to found a debt provable in that bankruptcy - scope of 'possible obligation' under the Bankruptcy Act Bankruptcy Act 1966 (Cth) ss 52(1), 82(1) and 82(8)(b) Ellis & Co's Trustee v Dixon-Johnson [1924] 1 Ch 342 Re PHILLIP McLAREN Ex parte ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION No. NP2038 of 1995 EINFELD J SYDNEY 22 MAY 1997

IN THE FEDERAL COURT OF AUSTRALIA) BANKRUPTCY DISTRICT ) No.NP2038 of 1995 OF THE STATE OF NEW SOUTH WALES ) Re: PHILLIP McLAREN Debtor Ex Parte:ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION Creditor MINUTE OF ORDERS The Court orders that: 1. A sequestration order be made against the estate of the debtor. 2. The Registrar appoint an appropriate trustee to the estate. 3. The costs of the creditor of and pertaining to the petition, including any reserved costs, be paid by the debtor. 4. The creditor file a minute of these orders with the Registrar in accordance with rule 124(1). 5. A copy of this order be given to the Official Receiver in Sydney within 2 days. Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY 22 MAY 1997

IN THE FEDERAL COURT OF AUSTRALIA) BANKRUPTCY DISTRICT ) No.NP2038 of 1995 OF THE STATE OF NEW SOUTH WALES ) Re: PHILLIP McLAREN Debtor Ex Parte:ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION Creditor EINFELD J SYDNEY 22 MAY 1997