Hedrlin, Re J. Donnelly, Ex Parte M.C. & Ors

IN THE FEDERAL COURT OF AUSTRALIA

) )

GENERAL DIVISION

)

No. W448 of 1983

)

BANKRUPTCY DISTRICT

)

)

OF THE STATE OF

NEW SOUTH M E S

AND )

)

THE AUSTRALIAN CAPITAL TERRITORY

)

RE

:

JOSEPH HEDRLIN

A Bankrupt

M PARTE:

MAX CHRISTOPHER DONNELLY,

(the Trustee

of the property of

JOSEPH HEDRLIN,

a bankrupt)

Applicant

ROBERT HEDRLIN

First Respondent

HELENE HEDRLIN

Second Respondent

PETER HEDRLIN

Third Respondent

REASONS FOR JUDGMENT

LOCKHART J.

Some months ago Mr. Hedrlin. the applicant of today, filed an

application

for

the

annulment

of

this

bankruptcy.

In

those

proceedings he sought leave to convert that application for annulment

into an applictaion for discharge which I granted. Since then

that

application has been before the Court

n more than one occasion.

2 .

However at the

last mention, an adjournment was granted

that in due course an application could

be made by the trustee of Mr.

Hedrlln’s estate for appropriate declarations as to certain

property

which, It was said, was the property

of Mr. Hedrlin and therefore

available for his creditors. However, before such

an application was

made Hr.

Hedrlin requested that his application for a bankruptcy

discharge be restored to the list.	This was done and it	comes before
me today.

Mr. Hedrlin asked

that his application for discharge

treated as a withdrawal or alternatively that he be given leave to

withdraw that

application and convert

into an application for

annulment so that he may pursue certain proceedings

in the Supreme

Court of

New South Wales which have been adjourned generally

for

sometime.

The trustee does not oppose that course.

I think,

therefore, that the proper course to take

accede to Mr. Hedrlin’s application. Accordingly,

I give leave to Mr.

Hedrlin

convert

his

application

for

discharge

into

one for

annulment.

CaseChat Overview and Summary

The Federal Court of Australia, in the matter of Joseph Hedrlin, a bankrupt, was presented with an application by Max Christopher Donnelly, the trustee of Hedrlin's property, seeking appropriate declarations regarding certain property believed to be the property of Hedrlin. The dispute involved Hedrlin's application for the annulment of his bankruptcy, which was subsequently converted into an application for discharge, a process that had been before the court on multiple occasions. The primary legal issues the court needed to decide included whether to allow Hedrlin to convert his application for discharge into one for annulment, and whether to permit him to withdraw his application for discharge to pursue proceedings in the Supreme Court of New South Wales.

The court considered the procedural history of Hedrlin's application and the trustee's lack of opposition to Hedrlin's request to convert his application for discharge into one for annulment. Lockhart J concluded that it was appropriate to grant Hedrlin's request to convert his application for discharge into one for annulment, thereby allowing Hedrlin to withdraw his application for discharge and pursue other legal proceedings.

Lockhart J ruled in favor of Hedrlin's application to convert his application for discharge into an application for annulment, thereby permitting Hedrlin to withdraw his application for discharge. The court did not issue any further orders regarding the property in question, as the primary focus was on resolving the procedural aspect of Hedrlin's application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established