Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boothe (Trustee), in the matter of Malan (Bankrupt) v Malan [2000] FCA 685 BANKRUPTCY – summary dismissal of application – attempt to relitigate issues determined by Court
Bankruptcy Act 1966 (Cth) Wilson v The Commonwealth of Australia (1999) FCA 1308 JOHN H MALAN v STEPHEN ALAN BOOTHE AS TRUSTEE OF THE ESTATE OF JOHN H MALAN
N 7320 of 2000 BRANSON J SYDNEY 11 MAY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7320 of 2000
BETWEEN: JOHN H. MALAN
Applicant
AND: STEPHEN ALAN BOOTHE AS TRUSTEE OF THE ESTATE OF JOHN H. MALAN
Respondent
JUDGE: BRANSON J
DATE OF ORDER: 11 MAY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application or applications (as the case may be) is or are dismissed. 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 7320 of 2000
BETWEEN: JOHN H. MALAN
Applicant
AND: STEPHEN ALAN BOOTHE AS TRUSTEE OF THE ESTATE OF JOHN H. MALAN
Respondent
JUDGE: BRANSON J
DATE: 11 MAY 2000
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT
INTRODUCTION 1 Mr Malan was made bankrupt by an order of Beaumont J on a petition filed by Mr Theodore Silvas on 14 January 1993. Mr Malan does not recognise his bankruptcy or the fact that a trustee has been appointed to his bankrupt estate. He has never filed a statement of affairs. 2 Nonetheless Mr Malan did apply to the Court in 1993 for relief of various kinds, including the annulment of his bankruptcy. On 25 October 1994 Hill J, in an extempore judgment, dismissed the application for an annulment of Mr Malan's bankruptcy. 3 Before Hill J, Mr Malan relied on an affidavit which touched on his dispute with Mr Silvas, the judgment entered against him in proceedings commenced against him by Mr Silvas, the sale by his trustee of the house in which Mr Malan's wife and children were living while Mr Malan was in custody following his committal for contempt of this Court, the removal of household goods from that property and the state of Mr Malan's health.
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