Official Receiver (NSW), in the matter of D'Elboux [2002] FCA 510

FEDERAL COURT OF AUSTRALIA

Official Receiver (NSW), in the matter of D'Elboux [2002] FCA 510

THE OFFICIAL RECEIVER FOR THE BANKRUPTCY DISTRICT OF NEW SOUTH WALES, IN THE MATTER OF LESLIE JOHN D'ELBOUX N 7088 OF 2002 HILL J 23 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7088 OF 2002

THE OFFICIAL RECIEVER FOR THE BANKRUPTCY DISTRICT OF NEW SOUTH WALES

APPLICANT

IN THE MATTER OF LESLIE JOHN D'ELBOUX (AKA LESLIE JOHN D'ELBOUX AND L D'ELBOUX)

JUDGE: HILL J

DATE OF ORDER: 23 APRIL 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. the Debtors Petition presented by Leslie John D'Elboux (the Bankrupt) and accepted by the Official Receiver being Bankruptcy No. NSW 1301/01/4 be annulled pursuant to s 153B of the Bankruptcy Act 1966 (Cth) on the grounds that the petition presented by the Bankrupt should not have been presented because he had already been declared bankrupt in Victoria and allocated the Bankruptcy No. VIC 3065/99/5. 2. the requirements in Order 77 Rules 42 to 45 of the Federal Court Rules be dispensed with save that a copy of this order be entered in the Registry within 24 hours of their making and notice of the making of the orders be given to the Trustee in the Bankruptcy No. VIC 3065/99/5 and the Bankrupt within 7 days of the making of the orders. 3. the orders, other than notice to the Bankrupt, are stayed for a period of 14 days to permit the Bankrupt who did not appear in these proceedings to apply to the court should he be so advised. 4. the date of this order shall be taken to be the date 14 days from today's date. 5. the costs of the Official Receiver shall be the costs in the initial bankruptcy. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.