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

[1986] FCA 535

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 so

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 be

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

withdraw that application and convert it 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 is to

accede to Mr. Hedrlin’s application. Accordingly, I give leave to Mr.

Hedrlin to convert his application for discharge into one for

annulment.