Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boles v Official Trustee in Bankruptcy [2001] FCA 639
BANKRUPTCY – annulment of sequestration order – exercise of discretion that arises under s 153B Bankruptcy Act 1966 (Cth) – whether facts arising after making of sequestration order may be considered under s 153B – whether alternative act of bankruptcy may be considered under s 153B EVIDENCE – judicial notice – whether primary judge complied with s 144 Evidence Act 1995 (Cth) – whether primary judge made a finding based on judicial notice
Bankruptcy Act 1966 (Cth) ss 43, 44, 52, 153B Evidence Act 1995 (Cth) s 144 Re Raymond; Ex Parte Raymond (1992) 36 FCR 424 cited Re Frank: Ex Parte Piliszky (1987) 16 FCR 396 cited IAN JOHN BOLES v THE OFFICIAL TRUSTEE IN BANKRUPTCY N91 of 2001 EMMETT, KATZ & CONTI JJ 22 MAY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 91 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: IAN BOLES
APPELLANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY
RESPONDENT
JUDGE: EMMETT, KATZ & CONTI JJ
DATE OF ORDER: 22 MAY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. 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 91 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: IAN BOLES
APPELLANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY
RESPONDENT
JUDGE: EMMETT, KATZ & CONTI JJ
DATE: 22 MAY 2001
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT EMMETT J: 1 On 3 December 1991, a sequestration order was made against the estate of the appellant, Ian John Boles ("Mr Boles"). By application filed on 21 February 2000, Mr Boles sought an order that the sequestration order be annulled pursuant to s 153B of the Bankruptcy Act 1966 (Cth) ("the Act"). A judge of this Court dismissed the application on 13 December 2000 and ordered Mr Boles to pay the cost of the application incurred by the Official Trustee in Bankruptcy. Mr Boles now appeals to the Full Court from the order of 13 December 2000 by notice of appeal filed on 31 January 2001.
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