Alfio Peter Bulic v Commonwealth Bank of Australia Limited [2007] FCA 307

FEDERAL COURT OF AUSTRALIA

Alfio Peter Bulic v Commonwealth Bank of Australia Limited [2007] FCA 307

BANKRUPTCY – Application for annulment of bankruptcy – Where sequestration order made against the estate of applicant – Whether sequestration order "ought not have been made" – Whether at time sequestration order made applicant was indebted to the Respondent – Discretion to make annulment order PRACTICE AND PROCEDURE – Application to reopen proceeding – Whether availability of fresh evidence warrants reopening – Nothing in discovered documents that supports application for annulment of bankruptcy – Application to reopen proceeding refused Bankruptcy Act 1966 (Cth) s 153 Boles v Official Trustee in Bankruptcy (2001) 183 ALR 239 referred to Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 referred to Cottrell v Wilcox [2002] FCA 1115 referred to Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 referred to Inspector General in Bankruptcy v Bradshaw [2006] FCA 22 referred to Re Oates; Ex parte Deputy Commissioner of Taxation (1987) 17 FCR 402 cited Re Papps; Ex parte Tapp (1997) 78 FCR 524 referred to Re Raymond; Ex parte Raymond (1992) 36 FCR 424 referred to Re Frank; Ex parte Piliszky (1987) 16 FCR 396 cited Re Deriu (1970) 16 FLR 420 referred to Re Williams (1968) 13 FLR 10 referred to Tetijo Holdings Pty Ltd v Keeprite Australia Pty Ltd (unreported, French J, 3 May 1991) cited Trade Practices Commission v Nicholas Enterprises (1979) 42 FLR 213 referred to ALFIO PETER BULIC v COMMONWEALTH BANK OF AUSTRALIA LIMITED VID 957 OF 2006

TRACEY J

21 JUNE 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 957 OF 2006

BETWEEN: ALFIO PETER BULIC

Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA LIMITED