Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ozer v Australian Liquor Marketers Pty Ltd [1999] FCA 1206
BANKRUPTCY - application for annulment of bankruptcy - whether satisfied that sequestration order ought not to have been made - whether facts to be considered include facts not before Court when sequestration order made - whether, if satisfied that order ought not to have been made, discretion not to annul bankruptcy - whether conduct of bankrupt relevant to exercise of that discretion.
LAW REFORM - appropriateness of specifying sources and means of notification of bankruptcy which triggers bankrupt's obligation to supply statement of affairs.
Bankruptcy Act 1966 (Cth) ss 6A(3), 54(1), 153B, 269(1)(a), 304A
Crimes Act 1914 (Cth) ss 4AA, 4D(1), 7(1)
Federal Court Rules O 77 r 44
Delph Sing v Wood (1918) 25 CLR 497, cited
Marek v Tregenza (1963) 109 CLR 1, cited
Re Ditfort; Ex parte Deputy Commissioner of Taxation (1988) 19 FCR 347, followed
Re Lawson (1939) 11 ABC 137, cited
Re Gray (1960) 19 ABC 29, cited
Pollock v Deputy Commissioner of Taxation (1994) 94 ATC 4148, cited
Duff v The Queen (1979) 28 ALR 663, cited
Musson v Rodriguez [1953] AC 530, cited
IN THE MATTER OF NAZILE OZER; NAZILE OZER v AUSTRALIAN LIQUOR MARKETERS PTY LTD & ANOR N 7549 OF 1999 KATZ J 5 OCTOBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7549 of 1999
In the matter of Nazile Ozer
BETWEEN: NAZILE OZER
Applicant
AND: AUSTRALIAN LIQUOR MARKETERS PTY LTD
First Respondent
SCOTT PASCOE
Second Respondent
JUDGE: KATZ J
DATE OF ORDER: 5 OCTOBER 1999
WHERE MADE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT: The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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