Australia & New Zealand Banking Group Ltd v Hubner [1999] FCA 1346

FEDERAL COURT OF AUSTRALIA

Australia & New Zealand Banking Group Ltd v Hubner [1999] FCA 1346 BANKRUPTCY – creditor's petition – whether competent for creditor's petition to allege more than one act of bankruptcy – grant of leave to amend creditor's petition so as to remove multiple acts of bankruptcy. BANKRUPTCY – creditor's petition – whether competent for creditor's petition to be signed with the name of the firm of solicitors acting for the petitioning creditor – grant of leave to amend creditor's petition to allow petition to be signed by partner in firm of solicitors acting for petitioning creditor. BANKRUPTCY – consideration of grounds of opposition to creditor's petition - making of sequestration order. Bankruptcy Act 1966 s 40, s 43, s 44, s 47, s 52 Federal Court Rules O 77 r 16, Form 150 Re A Debtor (No 23 of 1939), Debtor v Petitioning Creditor and Official Receiver (1939) 2 All ER 338 considered Re Manias; Ex Parte Edsill Pty Ltd (1986) 15 FCR 1 referred to Deputy Commissioner of Taxation (Vic) v Boxshall (1988) 83 ALR 175 cited AUSTRALIA & NEW ZEALAND BANKING GROUP v COLIN RICHARD HUBNER and YVONNE HUBNER QG 7483 OF 1998 SPENDER J 20 SEPTEMBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 7483 OF 1998

BETWEEN: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

Applicant

AND: COLIN RICHARD HUBNER AND YVONNE HUBNER

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 20 SEPTEMBER 1999

WHERE MADE: BRISBANE

THE COURT GRANTS leave to the petitioning creditor to amend the creditor's petition in these proceedings in terms of the document "Amended Creditor's Petition" received as Exhibit 5 in these proceedings.

THE COURT ORDERS THAT:

1. The estate of Colin Richard Hubner be sequestrated.