Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Zodiac Investments Pty Ltd v Brelsford [1999] FCA 1482
BANKRUPTCY - Application under s 153B of the Bankruptcy Act 1966 (Cth) to have the bankruptcy annulled - whether the Official Receiver ought to have accepted the debtor's petition - whether the debtor's petition was an abuse of process.
Bankruptcy Act 1966 (Cth) s 153B
Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 Cited Edelsten v Deputy Commissioner of Taxation (NSW) (1989) 86 ALR 257 Cited Re McKean; Page v McKean [1996] FCA 412 Cited Re Lukic & The Official Trustee in Bankruptcy (1996) 21 FamLR 48 Cited Ex parte; Painter Re Painter [1895] 1 QB 85 Cited In re Harry Dunn; Ex parte The Official Receiver v Harry Dunn [1949] Ch 640 (CA) Cited Re Mottee; Ex parte Mottee (1977) 29 FLR 406 Cited Re Heenan; Ex parte Collins v Official Receiver (1992) 39 FCR 428 Cited Re Abbas; Ex parte Official Trustee in Bankruptcy (1995) 57 FCR 140 Cited
ZODIAC INVESTMENTS PTY LTD AND VINCENT GEORGE BENNETT v PETER ALAN BRELSFORD (A BANKRUPT), DAVID LEWIS CLOUT AS TRUSTEE IN BANKRUPTCY, CRANSTON McEACHERN AND CUSACK GALVIN & JAMES NO Q7068 OF 1999 COOPER J BRISBANE 28 OCTOBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q7068 OF 1999
BETWEEN: ZODIAC INVESTMENTS PTY LTD
First Applicant
VINCENT GEORGE BENNETT
Second Applicant
AND: PETER ALAN BRELSFORD (A BANKRUPT)
First Respondent
DAVID LEWIS CLOUT AS TRUSTEE IN BANKRUPTCY
Second Respondent
CRANSTON McEACHERN
Third Respondent
CUSACK GALVIN & JAMES
Fourth Respondent
JUDGE: COOPER J
DATE OF ORDER: 28 OCTOBER 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
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