Skyring, A.G. v Deputy Commissioner of Taxation
[1992] FCA 328
•8 May 1992
JUDGMENT No. ..,. , . . J 326 92
C A T C H W O R D S
BANKRUPTCY - Application for annulment of bankruptcy
Bankruptcv Act 1966 s154(1)
?UAN GEORGE SKYRING V DEPUTY COMMISSIONER OF TAXATION FOR THE
COMMONWEALTH OF AUSTRALIA
No QG 38 of 1992
NORTHROP, WILCOX AND COOPER JJ
BRISBANE
8 MAY 1992
IN THE FEDERAL COURT OF AUSTRALIA
DUEENSLAND DISTRICT REGISTRY NO QG 38 of 1992 GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
B E T W E E N :
ALAN GEORGE SKYRING
Appellant
AND
DEPUTY COMMISSIONER OF TAXATION
FOR THE COMMONWEALTH OF AUSTRALIA
Respondent
m: NORTHROP, WILCOX AND COOPER JJ PLACE : BRISBANE W: 8 MAY 1992
MINUTES OF ORDER
THE COURT ORDERS THAT:
The Appeal be dismissed.
The Appellant pay the Respondent's costs thereof.
Note : Settlement and entry of orders is dealt with in
036 of the Federal Court Rules
IN THE FEDERAt COURT OF AUSTWIA
QUEENSLAND DISTRICT REGISTRY NO QG 38 of 1992 GENERAL DIVISION
ON APPEAG FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
B E T W E E N :
ALAN GEORGE SKYRING
Appellant
AND
DEPUTY COMMISSIONER OF TAXATION
FOR THE COMMONWEALTH OF AUSTRALIA
Respondent
m: NORTHROP, WILCOX AND COOPER JJ
M: BRISBANE
DATE: 8 MAY 1992
EX TEMPORE REASONS FOR JUDGMENT
In this matter, a sequestration order was made against
the estate of the appellant on 24 April 1989. On 22 November brought under s154(1) of the Bankruotcv Act 1966, was 1990 an application for an annulment of the bankruptcy, dismissed by the Court constituted by Pincus J. There was an appeal from that order by the appellant and that appeal was dismissed by order made on 22 November 1991 by a Full Court constituted by Gummow, Einfeld and Heerey JJ. Full reasons were given for the refusal to allow that appeal. On 5 March of 1992, the Court constituted by Drummond J dismissed a second application for annulment brought under s154(1) of the Bankruotcv Act. Reasons for that dismissal were given by Drummond J on 5 March 1992. The grounds upon which the appellant sought annulment of the bankruptcy on the second occasion were the same as those on the first occasion. We have read the reasons of Drummond J in refusing to make the orders sought. We see no error in those reasons. We adopt those reasons. In these circumstances, we dismiss the appeal with costs. Therefore, the order of the Court is that the appeal be dismissed and that the appellant pay the respondent's costs of the appeal.
I certify that this and the preceding one (1) page are a true copy of the Ex Tempore Reasons for Judgment of the Honourable
Mr Justice R.M. Northrop. Associate:
Date: do 2-
ATTACHMENT
Appellant: Appeared in person Respondent's Counsel: Mr P.E. Hack Respondent's Solicitors: Australian Government Solicitor Signed: 6- . /L &A
Dated: JQ ALuy / ?C /Z
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