Maxwell-Smith v S & E Hall, in the matter of Maxwell-Smith [2004] FCA 840

FEDERAL COURT OF AUSTRALIA

Maxwell-Smith v S & E Hall, in the matter of Maxwell-Smith [2004] FCA 840

BANKRUPTCY – application for annulment of sequestration orders – bankrupt's non-attendance at hearing when sequestration order was made – facts not known to person making the sequestration order – denial of procedural fairness – sequestration order ought not to have been made – applicants may have been solvent at the time sequestration order was made – sequestration order annulled

Bankruptcy Act 1966 (Cth) ss 153A, 153B, 154(1)(b) Bankruptcy Rules r 11(2)

Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 referred to Hardaker v Phair trading as Proctor Phair & Associates, in the matter of Hardaker [2002] FCA 1176 referred to Maxwell-Smith v S & E Hall Pty Ltd [2003] FCA 953 referred to Miller v Bondi Securities [1994] FCA 654 cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 198 ALR 293; [2003] FCAFC 126 referred to Official Trustee; In the matter of the Estate of Smith [1999] FCA 1755 cited Re Anasis; Ex parte Total Australia Ltd (1985) 11 FCR 127 referred to Re Coyle (1993) 42 FCR 72 cited Re Dennehy; Ex parte Dennehy (1895) 16 LR(NSW) (Bank & Pro) 40 cited Re Ditford; Ex parte Deputy Commissioner of Taxation (1988) 19 FCR 347 cited Re Finn; Ex parte Amoco Australia Ltd and Official Receiver in Bankruptcy (1982) 41 ALR 487 cited Re Gollan; Ex parte Gollan (1992) 40 FCR 38 applied Re Williams (1968) 13 FLR 10 cited Stankiewicz v Plata [2000] FCA 1185 discussed Sullivan v Department of Transport (1978) 20 ALR 323 referred to EUGENE MAXWELL-SMITH AND INGE MAXWELL-SMITH v S & E HALL PTY LTD IN THE MATTER OF EUGENE MAXWELL-SMITH AND INGE MAXWELL-SMITH N 198 OF 2004 MOORE J 2 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA