Re Hayes, Charles Raymond Ex parte The Bankrupt [1983] FCA 259

Re Hayes, Charles Raymond Ex parte The Bankrupt [1983] FCA 259

Because the applicant was already bankrupt under a Queensland sequestration order made on 16 December, 1976, the later New South Wales sequestration order made on 28 April, 1977 ought not to have been made. There were no special circumstances justifying departure from the general rule applied in Re White and Re Coles, and annulment was the proper relief under s.154 of the Bankruptcy Act, 1966.

Jurisdiction
Australia
Judgment Date
07 October 1983
Procedural Posture
Bankruptcy / Application by the Bankrupt for Annulment of a Sequestration Order Under S.154 of the Bankruptcy Act, 1966
Outcome
The bankruptcy was annulled.
Legal Topics
['sequestration Order' 'annulment of Bankruptcy' 'second Sequestration Order' 'automatic Discharge From Bankruptcy']
['bankruptcy'] ['sequestration Order' 'annulment of Bankruptcy' 'second Sequestration Order' 'automatic Discharge From Bankruptcy']

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Procedural Posture

Bankruptcy / Application by the Bankrupt for Annulment of a Sequestration Order Under S.154 of the Bankruptcy Act, 1966

Legal Issues

  1. 1 ['Whether the sequestration order made in New South Wales on 28 April, 1977 ought not to have been made because an earlier sequestration order had already been made against the applicant in Queensland on 16 December, 1976.' 'Whether the bankruptcy should be annulled under s.154 of the Bankruptcy Act, 1966.']

Ratio Decidendi

Because the applicant was already bankrupt under a Queensland sequestration order made on 16 December, 1976, the later New South Wales sequestration order made on 28 April, 1977 ought not to have been made. There were no special circumstances justifying departure from the general rule applied in Re White and Re Coles, and annulment was the proper relief under s.154 of the Bankruptcy Act, 1966.

Court Disposition

The bankruptcy was annulled.

Orders

  • ['The sequestration order made against Charles Raymond Hayes on 28 April, 1977 be annulled pursuant to s.154 of the Bankruptcy Act, 1966, as amended.' 'No order as to costs.']