Re Skyring, Alan G. Ex Parte Skyring, Alan G. v Deputy Commissioner of Taxation

[1990] FCA 684

JUDGMENT NO. 689, 90 ........ .... ...-,

IN THE FEDERAL COURT OF AUS-	)
BNERAL DIVISION	1

-) QB 351 of 1989 STATE OF O U E E N S W D 1

RE :  ALAN G. SKYRING

EX PARTE: ALAN G. SKYRING

(Applicant)

PEPUTY COMMISSIONER OF TAXATION

(Respondent)

PINUTES OF ORDER

JUDCP MAKING ORDER:	PINCUS J.
DATE OF ORDER:	BRISBANE
W E R E MADE:	22 NOVEMBER 1990

COURT ORDERS THAT:

1.    The application that the sequestration order made by Mr. Justice Spender on 24 April 1989 against the applicant be annulled, be dismissed;

2.    The application that Creditor's Petition No. 1655 of 1988 pursuant to which the above order was made be annulled, be dismissed;

3. The application that leave be granted to the applicant to file the counter-claim sought to be filed in September 1988 in response to Bankruptcy Notice No. 1378 of 1988, be dismissed.

PRINCIPAL

Settlement and entry of orders is dealt with in Rule

124 of the Bankruptcy Rules.

RECEI'dED

-5 DEC 1990

FQERU COURT OF

J . U ! ! R A L	C W T	OF AUSTRALIA
GENERAL	DIV-	1

QB 351 of 1989

TATE OF OUEENSLANP

RE:	G. SKYRI&
EX PARTE:	G. SKYRING

(Applicant)

DEPUTY COMMISSIONER OF TAXATION

( Respondent )

m:	PINCUS J.
PLACE	l BRISBANE

m: 22 NOVEMBER 1990

EX TEMPORE REASONS FOR J m

In this matter Mr. Alan Skyring, who is a qualified engineer, makes the following applications to the Court: (1) that the sequestration order made by Mr. Justice Spender on 24 April 1989 against the applicant be annulled; (2) that Creditor's Petition No. 1655 of 1988 pursuant to which the above order was made be annulled; (3) that leave be granted	to the applicant to file the counter-claim sought to be filed	in September 1988 in response to Bankruptcy Notice No. 1378 of
1988.
Mr. Skyring has addressed me at some little length on what he sees to be deficiencies in the national currency and, more broadly, I think, the national financial system. He feels it is incumbent on him, apparently, as a citizen, to expose these deficiencies and have them cleared up by the High

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Court, and he has explained to me that the purpose of the application for annulment of the bankruptcy is to get rid of

what he regards as a trifling difficulty in his way - that is,

in the path of his proposed course of litigation.

Mr. Skyring has apparently been involved in quite a variety of litigation, centred, I gather, upon his feeling, which seems to me to dominate his thinking at the moment, that there is some serious legal difficulty in the national currency system. The application which Mr. Skyring makes for annulment of his sequestration order seems to me to be bona fide in the sense that he makes it for purposes that appear to him to be valid and worthwhile. Nevertheless, he has advanced no legal ground for annulment of the sequestration order.

The closest he came to it, I think, was by explaining that he did not know what it was which constituted the act of bankruptcy held by Mr. Justice Spender to have occurred. His lack of understanding of that does not seem to

me to be a ground, nor did any other ground appear from the

fairly lengthy address which Mr. Skyring was kind enough to

make. The second application, that the creditor's petition be annulled, must also fail. The third application made is that there be leave granted to file a counter-claim sought to be filed in September 1988 in response to the bankruptcy notice. It would be inappropriate to file a counter-claim in response to any bankruptcy notice, and particularly to one whose effect is spent. The result is therefore that the applications which

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Mr. Skyring has made, despite the able and interesting argument which he advanced, are dismissed.

I certify that this and the

two preceding pages are a true copy of the reasons for judgment herein of his Honour Mr. Justice Pincus.

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Date 1 2 J D ~ ~ A 1990