Re Rollond, Robert Edward & Anor; Ex Parte Bank of Western Australia [1998] FCA 606

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - creditor's petition based on non-compliance with bankruptcy notice - bankruptcy notice founded upon default judgment against debtors in Supreme Court of Western Australia - petition previously adjourned while debtors sued petitioning creditor in subsequent separate Supreme Court proceedings seeking injunctive relief and damages - that action struck out by Supreme Court - debtors then applied to set aside default judgment - Master refused that application - appeal against Master's decision heard by Full Court comprising two judges - one of those judges would have allowed the appeal and set aside the default judgment - the other judge would have dismissed the appeal - debtors exercised right to have appeal re-heard by Full Court comprising at least three judges - in the meantime, expiry date of petition extended - petition due to lapse one month before hearing, in Supreme Court, of Full Court appeal to set aside default judgment - whether "for other sufficient cause a sequestration order ought not to be made" - factors relevant to exercise of Court's discretion under s 52(2)(b) of the Bankruptcy Act 1966. Bankruptcy Act 1966 (Cth) s 52(2)(b) Ahern v Federal Commissioner of Taxation (1987) 76 ALR 137 considered Adamopoulos v Olympic Airways SA (1990) 95 ALR 525 considered RE: ROBERT EDWARD ROLLOND AND ROBYN MARY ROLLOND; EX PARTE BANK OF WESTERN AUSTRALIA LTD No. WP 831 of 1996 CARR J PERTH 19 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WP 831 of 1996

GENERAL DIVISION

bankruptcy district of the state

of western australia

RE: ROBERT EDWARD ROLLOND and

ROBYN MARY ROLLOND

Debtors

EX PARTE: BANK OF WESTERN AUSTRALIA LTD

(ACN 050 494 454)

Petitioner

JUDGE: CARR J DATE: 19 MAY 1998 PLACE: PERTH