Re Hedrlin, J

[1985] FCA 98

3

IM TkE FEDEFAL COURT OF AUSTRALIA	)
)
GENEF’2.L EIVTSION BAKKRUFTC‘J DISTRICT	1

I )

OF THE STATE OF NEW SOUTH	bJALES	.X<D	)
1

AiJSTIIALIAIi CAFITAL TERRITORY I No. W44S of 19R3

RE: JOSEFH HCDF.LI.F;

Judge making order: Beaummt, J.

Date order made: 20 March 1985.

bhere made: Sydney.

THE COURT	ORDERS	THAT:
1.	The	a p p l i c a t l o n f o r znnulsent is re fused .

RE: JOSEFH HEDHLIN

CORAM: Beaumont , J.

m: 20 March 1985.

REASONS FOR JUDGME?IT

T h i s is an appllcation by a ban!crupt :or th?

annulment of hls bankruptcy. The matter has a lcng history

which, because it 1 s rcc1ts.d In reasons f o r !udgn?nt 3f the

Court both at flrst instance 2nd on ap!,eal. it is

unnecessary to repeat.

2 .

Regrettably, It now apears c h t , contrsrj- to the

applicant's assurance. the Present application is no more

than a vehicle f c r the ventilatia of the applicant's

assertions. repeatedly made, that the petitioning creditor

lacked the capacity to sue h m . A s this issue has h e w

determined adversely to the applicant on more than one

occasion, it	cannot constitute any basis	f o r annulling che
bankruptcy.

The applicaticn for annulment is refused.

l certify t i d th is and the I preccLing

pzgep zre a trGe copy of the rezsons for

~cdg~nen i hereln of The t-lcno:'tabIe

V r Justice Bear o t.

m Assocraie

Dated 3 0 5. -35-