Re: Piccardi; Ex Parte: Grivas [1987] FCA 820

Section 14(5) of the Bankruptcy Act 1966 provides power for summary review of acts by a Registrar including signing and sealing sequestration orders; if there is evidence of error or inadvertence, review is available.

Parties: Bankrupt: Kurt Piccardi; Bankrupt: Gerlinde Piccardi; Petitioning Creditor: George Gregory Grivas
Jurisdiction: Australia
Judgment Date: 08 July 1987
Procedural Posture: Bankruptcy / Interlocutory Orders
Outcome: Application stood over; directions made.
Legal Topics: Sequestration Orders, Review of Registrar's Acts, Rescission, Annulment, Interlocutory Procedure

Bankruptcy Sequestration Orders Review of Registrar's Acts Rescission Annulment Interlocutory Procedure

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Parties

Kurt Piccardi

Bankrupt

Gerlinde Piccardi

Bankrupt

George Gregory Grivas

Petitioning Creditor

Procedural Posture

Bankruptcy / Interlocutory Orders

Legal Issues

1 Whether the Registrar's act of signing and sealing the sequestration order should be set aside
2 Whether applicants may apply to annul the sequestration order
3 Whether section 14(5) of the Bankruptcy Act 1966 permits summary review of the Registrar’s act

Ratio Decidendi

Court Disposition

Application stood over; directions made.

Orders

Applicants to file and serve any application to annul the sequestration order within fourteen days, with supporting affidavits.
Application to set aside signing and sealing, and application to rescind or suspend, stood over to 23 July at 9.30 am.