Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7726 of 1998
BETWEEN: MOJMIR DAMJANOVIC
Applicant
AND: IVAN SPEHAR
Respondent
JUDGE: EMMETT J
DATE: 4 august 1998
PLACE: SYDNEY
THE COURT GRANTS: Leave to the Applicant to file an amended application in accordance with Form 154 of the Rules.
THE COURT ORDERS THAT:
1. The application be dismissed in so far as it seeks: (a) annulment of the bankruptcy; (b) leave to proceed with District Court proceedings 387 of 1998; (c) any injunction. 2. The Applicant pay the official trustee's costs of today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7726 of 1998
BETWEEN: MOJMIR DAMJANOVIC
Applicant
AND: IVAN SPEHAR
Respondent
JUDGE: EMMETT J
DATE: 4 august 1998
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT HIS HONOUR: A sequestration order was made on 9 September 1996, in respect of the Estate of Ivan Spehar ("the Bankrupt"). The petitioning creditor was P.D. Mulligan Pty Limited in respect of a sum of $134,907. A number of proofs of debt have been lodged with the Official Trustee including one on behalf of Mojmir Damjanovic ("the Applicant"). I have before me an application for annulment of that bankruptcy. The application for annulment also seeks further orders as follows:
1. That the Court make an order for examination and investigation of the Bankrupt's property, financial and business affairs.
2. That the Court grant an injunction restraining the Bankrupt from leaving Australia.
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