Hedrlin, Re J. Donnelly, Ex Parte M.C. & Ors [1986] FCA 535

Hedrlin, Re J. Donnelly, Ex Parte M.C. & Ors [1986] FCA 535

The applicant's request was granted because it was unopposed and would allow him to pursue other proceedings in another court.

Parties
Applicant: Max Christopher Donnelly; Bankrupt: Joseph Hedrlin; First Respondent: Robert Hedrlin; Second Respondent: Helene Hedrlin; Third Respondent: Peter Hedrlin
Jurisdiction
Australia
Judgment Date
26 September 1986
Procedural Posture
Bankruptcy / Application to Convert a Discharge Application to an Annulment Application
Outcome
Application allowed. Leave granted to convert application for discharge into one for annulment.
Legal Topics
Annulment of Bankruptcy, Discharge of Bankruptcy, Withdrawal of Application
Bankruptcy Annulment of Bankruptcy Discharge of Bankruptcy Withdrawal of Application

Case Brief

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Parties

Max Christopher Donnelly

Applicant

Joseph Hedrlin

Bankrupt

Robert Hedrlin

First Respondent

Helene Hedrlin

Second Respondent

Peter Hedrlin

Third Respondent

Procedural Posture

Bankruptcy / Application to Convert a Discharge Application to an Annulment Application

Legal Issues

  1. 1 Whether the applicant should be granted leave to withdraw an application for discharge and instead proceed with an application for annulment

Ratio Decidendi

The applicant's request was granted because it was unopposed and would allow him to pursue other proceedings in another court.

Court Disposition

Application allowed. Leave granted to convert application for discharge into one for annulment.

Orders

  • Leave given to Mr. Hedrlin to convert his application for discharge into one for annulment.