Re Lilburn, H.S. v Ex parte Lilburn, H.S. [1995] FCA 618

Re Lilburn, H.S. v Ex parte Lilburn, H.S. [1995] FCA 618

Because the applicants' bankruptcies had already been annulled by force of section 153A(1) following certification that all debts had been paid in full, no bankruptcy remained in existence and the Court could not make an annulment order under section 153B; the applications therefore had to be dismissed.

Jurisdiction
Australia
Judgment Date
26 July 1995
Procedural Posture
Applications for Annulment of Bankruptcy Under Section 153 B of the Bankruptcy Act 1966 / Reasons for Judgment and Orders Dismissing the Applications
Outcome
Both applications dismissed.
Legal Topics
['annulment of Bankruptcy' 'sequestration Orders' 'effect of Debts Paid in Full' 'bankruptcy Act 1966 Sections 153 a and 153 B']
['bankruptcy Law'] ['annulment of Bankruptcy' 'sequestration Orders' 'effect of Debts Paid in Full' 'bankruptcy Act 1966 Sections 153 a and 153 B']

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Procedural Posture

Applications for Annulment of Bankruptcy Under Section 153 B of the Bankruptcy Act 1966 / Reasons for Judgment and Orders Dismissing the Applications

Legal Issues

  1. 1 ['Whether the Court could make orders under section 153B annulling bankruptcies that had already been annulled by force of section 153A(1) after the Official Trustee certified that all debts had been paid in full.']

Ratio Decidendi

Because the applicants' bankruptcies had already been annulled by force of section 153A(1) following certification that all debts had been paid in full, no bankruptcy remained in existence and the Court could not make an annulment order under section 153B; the applications therefore had to be dismissed.

Court Disposition

Both applications dismissed.

Orders

  • ['In the matter re Herbert Stephen Lilburn ex parte Herbert Stephen Lilburn, the application for annulment of bankruptcy brought under section 153B of the Bankruptcy Act was dismissed.' 'In the matter re Lois Elizabeth Lilburn ex parte Lois Elizabeth Lilburn, the application made under section 153B for annulment was...