Lawman v Queensland Building Services Authority [1999] FCA 1781

FEDERAL COURT OF AUSTRALIA

Lawman v Queensland Building Services Authority [1999] FCA 1781 BANKRUPTCY - creditor's petition - application for annulment of sequestration order - debtor made bankrupt despite offer exceeding the judgment debt upon which bankruptcy notice founded - Court not informed of offer - whether sequestration order should be set aside on ground that proceedings an abuse of process - whether bankrupt solvent - test for solvency Bankruptcy Act 1966 (Cth) ss 52 and 153B Queensland Building Services Authority Act 1991 (Qld) International Alpaca Management Pty Ltd v Ensor [1999] FCA 72 cited McPherson, The Law of Company Liquidation (4th ed) RAYMOND MICHAEL LAWMAN v QUEENSLAND BUILDING SERVICES AUTHORITY AND GRAHAM ROSS BENDEICH, TRUSTEE Q 213 OF 1999 HEEREY, DRUMMOND AND DOWSETT JJ 17 DECEMBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 213 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RAYMOND MICHAEL LAWMAN

Appellant

AND: QUEENSLAND BUILDING SERVICES AUTHORITY

First Respondent

GRAHAM ROSS BENDEICH, TRUSTEE

Second Respondent

JUDGES: HEEREY, DRUMMOND AND DOWSETT JJ

DATE OF ORDER: 17 DECEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The costs of both respondents be paid out of the bankrupt's estate with priority according to s 109(1)(a) of the Bankruptcy Act 1966 (Cth).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 213 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RAYMOND MICHAEL LAWMAN

Appellant

AND: QUEENSLAND BUILDING SERVICES AUTHORITY