Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCallum v The Official Trustee in Bankruptcy [2018] FCA 773 File number: VID 578 of 2018
Judge: MOSHINSKY J
Date of judgment: 22 May 2018
Catchwords: BANKRUPTCY – application for annulment of bankruptcy under s 153B of the Bankruptcy Act 1966 (Cth) – where the applicant had been made bankrupt pursuant to a debtor's petition – where, four days later, a sequestration order had been made upon presentation of a creditor's petition – where the applicant had been discharged from the first bankruptcy – where the Official Trustee did not oppose the annulment – whether the sequestration order ought not to have been made – whether appropriate in the circumstances to make an order annulling the second bankruptcy – annulment order made
Legislation: Bankruptcy Act 1966 (Cth), ss 52, 153B
Cases cited: Bulic v Commonwealth Bank of Australia Ltd (2007) 5 ABC(NS) 122; [2007] FCA 307 Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 Pollock v Deputy Federal Commissioner of Taxation (1994) 94 ATC 4148 Re Calderon (unreported, Federal Court of Bankruptcy, Riley J, 31 May 1977) Re Cook (1946) 13 ABC 245 Re Ditfort; Ex parte Deputy Commissioner of Taxation (1988) 19 FCR 347 Re Frank; Ex parte Piliszky (1987) 16 FCR 396 Re Papps; Ex parte Tapp (1997) 78 FCR 524 Re Raymond; Ex parte Raymond (1992) 36 FCR 424 Re Scott [1975] Qd R 125 Re Williams (1968) 13 FLR 10
Date of hearing: 22 May 2018
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