Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Layton v Westpac [2000] FCA 1752 BANKRUPTCY - Application to annul bankruptcy - whether the sequestration order ought to have been made - consideration of the extended time for compliance with a bankruptcy notice. Bankruptcy Act 1966 (Cth) ss 41(6A), 153B
Streimer v Tamas (1981) 54 FLR 253 Foll Re Udowenko; Ex parte Mitchell (1995) 69 FCR 299 Appr Re Williams (1968) 13 FLR 10 Foll Stankiewicz v Plata [2000] FCA 1185 Foll Re Coyle (1993) 42 FCR 72 Foll Official Trustee: In the matter of the Estate of Smith [1999] FCA 1755 Cited Re Dennehy; ex parte Dennehy [1895] NSWLR (Bank & Pro) 40 Foll Re Finn; Ex parte Amoco Australia Ltd (1982) 41 ALR 487 Cited Miller v Bondi Securities [1994] FCA 654 Cited Field v Commonwealth Banking Company of Sydney Ltd (1978) 37 FLR 341 Cited Prowse v McIntyre (1961) 111 CLR 264 Refd GORDON LEITH LAYTON v WESTPAC BANKING CORPORATION Q7138 OF 2000 COOPER J BRISBANE 4 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q7138 OF 2000
IN THE MATTER OF: GORDON LEITH LAYTON
BETWEEN: GORDON LEITH LAYTON
APPLICANT
AND: WESTPAC BANKING CORPORATION
RESPONDENT
JUDGE: COOPER J
DATE OF ORDER: 4 DECEMBER 2000
WHERE MADE: BRISBANE
THE COURT DECLARES THAT:
The bankruptcy of Gordon Leith Layton commenced on 10 March 2000.
THE COURT ORDERS THAT:
1. Save for the declaration made, the application of the bankrupt filed 5 April 2000 be dismissed.
2. Gordon Leith Layton pay the costs of Westpac Banking Corporation, including its reserved costs, if any, of and incidental to the application to be taxed if not agreed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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