Hedrlin, Re J. [1986] FCA 44

Hedrlin, Re J. [1986] FCA 44

The Court did not accept Mr Hedrlin's assertions that he was able to pay his debts, particularly in light of the contents of his statement of affairs, and held that he had not made out the ground pressed for annulment.

Parties
Bankrupt: Joseph Hedrlin
Jurisdiction
Australia
Judgment Date
18 February 1986
Procedural Posture
Bankruptcy Application / Application for Annulment of Bankruptcy
Outcome
Application for annulment dismissed
Legal Topics
Annulment of Bankruptcy, Ability to Pay Debts, Statement of Affairs
Bankruptcy Annulment of Bankruptcy Ability to Pay Debts Statement of Affairs

Case Brief

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Parties

Joseph Hedrlin

Bankrupt

Procedural Posture

Bankruptcy Application / Application for Annulment of Bankruptcy

Legal Issues

  1. 1 Whether the bankrupt was able to pay his debts at the relevant time
  2. 2 Whether the sequestration order should have been made

Ratio Decidendi

The Court did not accept Mr Hedrlin's assertions that he was able to pay his debts, particularly in light of the contents of his statement of affairs, and held that he had not made out the ground pressed for annulment.

Court Disposition

Application for annulment dismissed

Orders

  • The application for annulment of the bankruptcy is dismissed.
  • The bankrupt pay the costs of the trustee and the petitioning creditor.