Re Joseph Hedrlin [1987] FCA 434

Re Joseph Hedrlin [1987] FCA 434

The applicant failed to establish that the sequestration ought not to have been made or that the relevant procedures under the Strata Titles Act were not followed. There was no evidence challenging the delegation to the managing agent, and no notice of opposition was filed at the relevant times. Applications for annulment, leave to appeal, and discharge were refused for want of substance or evidence.

Parties
Applicant (bankrupt): Joseph Hedrlin; Trustee (respondent): Max Christopher Donnelly
Jurisdiction
Australia
Judgment Date
14 July 1987
Procedural Posture
Bankruptcy Application / Interlocutory Hearing on Application for Annulment, Leave to Appeal, Discharge, and Removal of Trustee
Outcome
Application dismissed in part and adjourned in part
Legal Topics
Annulment of Sequestration, Leave to Appeal, Discharge of Bankruptcy, Removal of Trustee
Bankruptcy Annulment of Sequestration Leave to Appeal Discharge of Bankruptcy Removal of Trustee

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Parties

Joseph Hedrlin

Applicant (bankrupt)

Max Christopher Donnelly

Trustee (respondent)

Procedural Posture

Bankruptcy Application / Interlocutory Hearing on Application for Annulment, Leave to Appeal, Discharge, and Removal of Trustee

Legal Issues

  1. 1 Whether sequestration order ought to be annulled under s 154(1)(a) Bankruptcy Act 1966
  2. 2 Whether leave should be granted to appeal to the Full Court against the making of the sequestration order
  3. 3 Whether the applicant should be discharged under s 149(1) Bankruptcy Act 1966

Ratio Decidendi

The applicant failed to establish that the sequestration ought not to have been made or that the relevant procedures under the Strata Titles Act were not followed. There was no evidence challenging the delegation to the managing agent, and no notice of opposition was filed at the relevant times. Applications for annulment, leave to appeal, and discharge were refused for want of substance or evidence.

Court Disposition

Application dismissed in part and adjourned in part

Orders

  • Application for annulment, leave to appeal, and discharge dismissed
  • Application for removal of trustee adjourned until 2.15 p.m.