Bryant v Australia & New Zealand Banking Group Ltd [2000] FCA 367

FEDERAL COURT OF AUSTRALIA

Bryant, in the matter of Adrian Cecil Bryant v Australia & New Zealand Banking Group Ltd [2000] FCA 367 BANKRUPTCY – application for annulment of a sequestration order – whether sequestration order should have been made – whether existence of a claim against a third party constitutes a ground for annulment pursuant to s 153B of the Bankruptcy Act 1966 (Cth) – where no evidence of substance of claim – where claim not prosecuted by the Official Trustee – where claim not prosecuted by the respondent

PRACTICE & PROCEDURE – where order for substituted service of creditor's petition – where no appearance by debtor at the hearing of the petition – whether denial of procedural fairness or natural justice – whether debtor given reasonable opportunity of appearing and presenting his case Bankruptcy Act 1966 (Cth), ss 60(3) & 153B Federal Court Rules, O 77 r 19 Cameron v Cole (1943) 68 CLR 571, applied IN THE MATTER OF ADRIAN CECIL BRYANT ADRIAN CECIL BRYANT v AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 552) N 8123 OF 1999 EMMETT J 15 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8123 OF 1999

BETWEEN: ADRIAN CECIL BRYANT

Applicant

AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

ACN 005 357 552

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 15 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 N 8123 OF 1999

IN THE MATTER OF ADRIAN CECIL BRYANT

BETWEEN: ADRIAN CECIL BRYANT

Applicant