Re Hatcher, K.L. [1987] FCA 608

Re Hatcher, K.L. [1987] FCA 608

Annulment cannot be granted under s.154(1)(a) as the sequestration order was justified by the facts then existing. However, annulment may be granted under s.154(1)(b) because unsecured debts have been paid in full, subject to the trustee's outstanding reasonable remuneration being fixed by the Registrar.

Parties
Applicant/bankrupt: Kenneth Leslie Hatcher; Trustee: Kevin Gustav Karlson
Jurisdiction
Australia
Judgment Date
06 November 1987
Procedural Posture
Bankruptcy Application for Annulment / Adjournment After Initial Hearing, Pending Determination of Trustee Remuneration
Outcome
Application adjourned for one month pending fixing and payment of trustee's remuneration by Registrar; if those steps are completed, annulment order to be made.
Legal Topics
Annulment of Bankruptcy, Trustee Remuneration, Payment of Unsecured Creditors, Sequestration Orders, Duties of Trustee
Bankruptcy Annulment of Bankruptcy Trustee Remuneration Payment of Unsecured Creditors Sequestration Orders Duties of Trustee

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Parties

Kenneth Leslie Hatcher

Applicant/bankrupt

Kevin Gustav Karlson

Trustee

Procedural Posture

Bankruptcy Application for Annulment / Adjournment After Initial Hearing, Pending Determination of Trustee Remuneration

Legal Issues

  1. 1 Whether the bankruptcy ought to be annulled under s.154(1)(a) or s.154(1)(b) of the Bankruptcy Act 1966
  2. 2 Whether the trustee is entitled to further remuneration
  3. 3 The adequacy of the trustee's report and attendance

Ratio Decidendi

Annulment cannot be granted under s.154(1)(a) as the sequestration order was justified by the facts then existing. However, annulment may be granted under s.154(1)(b) because unsecured debts have been paid in full, subject to the trustee's outstanding reasonable remuneration being fixed by the Registrar.

Court Disposition

Application adjourned for one month pending fixing and payment of trustee's remuneration by Registrar; if those steps are completed, annulment order to be made.

Orders

  • Application adjourned to 7 December 1987 at 9.30 am.
  • Each party to bear their own costs to date.