Re Joseph Hedrlin - [1987] FCA 182

I N THE	FEDEPAL	COURT	O F AUSTRALIA	1
)

GENERAL

D I V I S I O N

B P J K R U F T C Y

D I S T R I C T

) )

OF THE	STATE	O F NEW	SOUTH	HALES	1 No. 448 of 1333
)

AND THE AUSTRALIAN	CAPITAL	1
1
TERRITORY	)

RE :

JOSEPH

HEDRLIN

Bankrupt

ORDER

Judge Maklng Order: Gummow, J.

Where Made:	Sydney
Date of Order:	19 Marsh 1987

THE COURT ORDEPS THAT:

(1)	The appllcation for annulment is refused.
( 2 )	The application for discharge is refused.
( 3 )	The bankrupt is to pay the costs of the Trustee.

Note:

Settlement

and

entry

of orders

dealt

uith

Bankruptcy Rule 124.

m THE FEDERAL COURT OF AUSTRALIA

1 1

GENERAL DI'JISION BANKRUPTCY DISTRICT )

OF THE STATE OF NEW SOUTH WALES

)	No. 448 of 1983

)

AND THE AUSTRALIAN	CAPITAL	1 1
TERRITORY	)

PE :	JOSEPH HEDRLIN
Bankrupt

CORAM:

Gummow, J.

DATED: 19 March

1987

REASONS FOR JUDGMENT

By hls amended application filed

2 February 1987 Mr

Iiedrlin ("the Applicant") seeks, in substance,

an order for

discharge from his bankruptcy, pursuant to s.150 of the Bankruptcy Act 1966 ("the Act"). When the application came on

for hearing the Applicant indicated that reliance was to some

extent also placed upon the provisions

a5 to annulment (S. 154

of the Act).

Despite the procedural inadequacles of such an

approach, I decided to proceed as

if both issues were before

the Court and the hearing was conducted accordingly.

On 3 March 1987 the Trustee sent

a notlce to creditors

of the hearing of

the application for discharge. There were

five creditors in question, particulars being:

2 .

Name G Address of Creditor	Amount of
Froof Lodqed
ANZ Bankcard
9th Floor, 68 Pitt Street

SYDNEY 2000	618.09
Australia & New Zealand Banking

Group Limited

Foveaux & Commonwealth Street

SYDNEY 2000

2,107.60

Commonwealth Bankcard

4th Floor, 5 Hunter Street

SYDNEY

2000

4,043.16

E.J. Walsh & Company

Level 5, 17 Castlereaqh Street

SYDNEY 2000	720.00
The Proprletors of Strata Plan

N o .

3670

7-9 Loftus Street

ASHFIELD 2131

6,734.04

No creditors appeared at the hearing.

A sequestration order was made

respect

the

applicant's estate on

18th May 1983.

appeal against that

order was dlsmissed by the Full

Court on 29 June 1983. Since

that date there have been numerous appllcations

to the Court by

the Appllcant. A ten page summary 1 s included as annexure

"C"

to the affidavit of the Trustee sworn 20 February 1987 in the

present application. On 6 March 1986 the Trustee filed a notice

of oblection to what otherwise would have been the "automatic"

discharge of the hppllcant by force of

5.149 of the Act upon

the expiration of three

years from the date of the bankruptcy.

3 .

Mr Hedrlin

represented

himself

the

present

application.

He emphasised with some vehemence his bellef that

he should…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1987] FCA 182
Decision Date: 19 Mar 1987

CaseChat Overview and Summary

Mr Joseph Hedrlin, a bankrupt, applied to the Federal Court of Australia for annulment and discharge from his bankruptcy. The application was opposed by the Trustee in Bankruptcy. The primary legal issues before the court were whether the sequestration order should be annulled and whether Mr Hedrlin should be discharged from his bankruptcy.

In relation to the annulment application, the court noted that Mr Hedrlin had previously made similar applications which were dismissed. The court found that Mr Hedrlin had not demonstrated any new grounds to support his claim that the sequestration order should not have been made. The court therefore refused the application for annulment.

In relation to the discharge application, the court considered the submissions of both Mr Hedrlin and the Trustee. The court found that the Trustee's concerns about the small sum of the proved debts, the conduct of Mr Hedrlin, and his refusal to acknowledge certain debts were well founded. The court exercised its discretion under section 150(9) of the Bankruptcy Act and refused the application for discharge.

The court ordered that both the applications for annulment and discharge be refused and that Mr Hedrlin pay the costs of the Trustee. The exhibits were to be returned.

Orders