Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Re: Fuller [1999] FCA 1811 PRACTICE AND PROCEDURE – whether judgment upon which sequestration order was made, was made without jurisdiction – whether judgment by a superior court void or voidable – whether subsequent sequestration order based on that judgment debt made within jurisdiction – whether bankruptcy proceedings should be stayed.
Re Wakim; Ex parte McNally (1999) 73 ALJR 839 followed Cameron v Cole (1944) 68 CLR 571 followed Re Karounos (1989) 89 ALR 580 cited Jackson v Sterling Industries Limited (1987) 162 CLR 612 cited Isaacs v Robertson [1985] AC 97 cited Re Brown; Ex parte Amann (1999) 73 ALJR 839 Australia and New Zealand Banking Group Ltd v Merribee Pastoral Industries Pty Ltd (1998) 84 FCR 367 approved
RE: MICHAEL JOHN FULLER HUGH JENNER WILY (Trustee) AND ANOR v LAIMA ANN FULLER AND ORS NG 7049 OF 1996 HILL J 23 DECEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7049 OF 1996
RE: MICHAEL JOHN FULLER, a Bankrupt
BETWEEN: HUGH JENNER WILY as Trustee of the Estate of
MICHAEL JOHN FULLER
First Applicant
M J FULLER SERVICES PTY LIMITED (In Liquidation)
Second Applicant
AND: LAIMA ANN FULLER
First Respondent
LYNN WILKINSON and NORA WILKINSON
Second Respondents
MICHAEL JOHN FULLER
Third Respondent
JUDGE: HILL J
DATE: 23 DECEMBER 1999
PLACE: SYDNEY
THE COURT ORDERS THAT: 1. The motion be dismissed. 2. Michael Fuller pay the applicants' costs of the motion. 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 7049 OF 1996
RE: MICHAEL JOHN FULLER, a Bankrupt
BETWEEN: HUGH JENNER WILY as Trustee of the Estate of
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