Commonwealth Bank of Australia v Heinrich [2000] FCA 1255

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Heinrich [2000] FCA 1255 Australian Constitution s 51(xvii) and s 51(xxxix) Bankruptcy Act 1966 (Cth) ss 30(3), 47, 52(1) and 52(2)(a) Commonwealth of Australia Constitution Act 1900 (UK) s 5 Human Rights and Equal Opportunity Commission Act 1986 (Cth) Sch 2 Bankruptcy Regulations

Hubner v Australian and New Zealand Banking Group Ltd (1999) 88 FCR 445 followed Hubner v ANZ Banking Group Ltd [2000] FCA 140 followed R v Davison (1954) 90 CLR 353 considered Storey v Lane (1981) 147 CLR 549 considered R v Federal Court of Bankruptcy; ex parte Lowenstein (1938) 59 CLR 556 considered Taylor v Deputy Federal Commissioner of Taxation (1999) ATC 4,268 followed Re Shields; ex parte Australia and New Zealand Banking Group Ltd (1994) 51 FCR 308 followed Wren v Mahony (1972) 126 CLR 212 followed Makhoul v Barnes (1995) 60 FCR 572 considered McDonald v McDonald (1965) 113 CLR 529 considered Bank SA v Ferguson (1998) 151 ALR 729 considered COMMONWEALTH BANK OF AUSTRALIA v STEPHEN GLENN HEINRICH S 7099 OF 2000 MANSFIELD J ADELAIDE 6 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 7099 OF 2000

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

APPLICANT

AND: STEPHEN GLENN HEINRICH

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 6 SEPTEMBER 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of the respondent Stephen Glenn Heinrich. 2. The applicant's costs, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth). 3. Alan Geoffrey Scott, registered trustee, be appointed as trustee of the estate of the said Stephen Glenn Heinrich. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.