Re Hedrlin, J. [1985] FCA 98

Re Hedrlin, J. [1985] FCA 98

Since the issue of the petitioning creditor's capacity has already been determined adversely to the applicant on more than one occasion, it cannot form the basis for annulling the bankruptcy. Therefore, the application for annulment is refused.

Parties
Applicant: Joseph Hedrlin
Jurisdiction
Australia
Judgment Date
20 March 1985
Procedural Posture
Bankruptcy / Application for Annulment of Bankruptcy
Outcome
Application for annulment refused.
Legal Topics
Annulment of Bankruptcy, Capacity of Petitioning Creditor
Bankruptcy Annulment of Bankruptcy Capacity of Petitioning Creditor

Case Brief

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Parties

Joseph Hedrlin

Applicant

Procedural Posture

Bankruptcy / Application for Annulment of Bankruptcy

Legal Issues

  1. 1 Whether the petitioning creditor lacked the capacity to sue the applicant and proceed in bankruptcy
  2. 2 Whether grounds for annulment are fresh or previously determined

Ratio Decidendi

Since the issue of the petitioning creditor's capacity has already been determined adversely to the applicant on more than one occasion, it cannot form the basis for annulling the bankruptcy. Therefore, the application for annulment is refused.

Court Disposition

Application for annulment refused.

Orders

  • The application for annulment is refused.