Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BANKRUPTCY - bankruptcy petition - application for substitution as petitioning creditor - standing for substitution - whether creditor seeking substitution had debt in existence at time of act of bankruptcy specified in petition - judgment debt - at relevant time judgment stayed pending appeal - distinction between stay of execution and stay of operation of a judgment - legal consequences of stay of execution - principle of merger of debt in judgment - application of this principle in bankruptcy. Bankruptcy Act 1966 (Cth) ss 40(1)(g), 43, 44, 49 Hyams v Elder Smith Goldsbrough Mort Ltd (1976) 133 CLR 637 applied Clifton Securities Ltd v Huntley and Others (1948) 2 All ER 283 applied In the Marriage of Clemett (1980) 50 FLR 248 considered Wallace v Trade Credits Ltd (1983) 72 FLR 252 considered Re Hanby; Ex parte Flemington Central Spares Pty Ltd (1967) 10 FLR 378 applied Re Hayes; Ex parte Thomas Borthwick & Sons (Australasia) Ltd (1970) 18 FLR 216 applied Re Padagas; Ex parte Carrier Air Conditioning Pty Ltd (1977) 30 FLR 170 applied Re Nath; Ex parte Ghysels (1996) 63 FCR 523 considered Pollack v Commissioner of Taxation (1991) 32 FCR 40 applied Re King & Beesley; Ex parte King & Beesley (1895) 1 QB 189 applied Field v Commercial Banking Co of Sydney (1978) 22 ALR 403 considered Dean v Q.U.F. Industries Ltd (1981) 51 FLR 317 considered Re BRENT HUGHES; Ex Parte WESTPAC BANKING CORPORATION VG 7279 of 1997 MERKEL J MELBOURNE
28 NOVEMBER 1997
) IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) VG 7279 of 1997 ) GENERAL DIVISION )
Re: BRENT HUGHES
Debtor
Ex Parte: WESTPAC BANKING CORPORATION
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