Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fitzpatrick v Kidney [2007] FCA 1658
BANKRUPTCY – control of persons and property of bankrupt – stay of actions already commenced until trustee elects to prosecute or discontinue BANKRUPTCY – discharge of bankrupt and annulment of sequestration order – annulment of bankruptcy – where bankrupt is able to pay outstanding debt but has not yet done so Held: (1) Where other factors warranting a sequestration order are present, petitioning creditor's collateral purpose of causing proceedings on foot to be stayed is not improper (2) Mere preparedness and capacity of bankrupt to pay not, in general, a reason for annulment. Bankruptcy Act 1966 (Cth) s 60 RAYMOND ARTHUR FITZPATRICK v TONY KIDNEY ACD 21 OF 2007 ACD 22 OF 2007 ACD 23 OF 2007
MADGWICK J
19 SEPTEMBER 2007
CANBERRA IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 21 OF 2007
ACD 23 OF 2007
BETWEEN: RAYMOND ARTHUR FITZPATRICK
Applicant
AND: TONY KIDNEY
Respondent
JUDGE: MADGWICK J DATE OF ORDER: 19 SEPTEMBER 2007
WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 22 OF 2007
BETWEEN: RAYMOND ARTHUR FITZPATRICK
Applicant
AND: TONY KIDNEY
Respondent
JUDGE: MADGWICK J DATE OF ORDER: 19 SEPTEMBER 2007
WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the costs of the respondent, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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