Skyring, A.G. v Deputy Commissioner of Taxation

[1992] FCA 328

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:

1. The Appeal be dismissed.

2. 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