Theo v the Official Trustee in Bankruptcy and Anor B9/1997

Theo was the applicant in proceedings before Callinan J in chambers, seeking to set aside a sequestration order made against his estate. The respondents were the Official Trustee in Bankruptcy and the Commonwealth of Australia. The dispute concerned the validity of the sequestration order and the applicant's subsequent bankruptcy.

The primary legal issue before the Court was whether the sequestration order, made on 10 October 1996, should be annulled. This required the Court to consider the circumstances under which a sequestration order could be set aside, particularly in light of the applicant's contention that he had not been properly served with the bankruptcy notice and the subsequent bankruptcy petition.

Callinan J found that the applicant had not established that he had not been served with the bankruptcy notice. The evidence presented indicated that the notice had been sent to the applicant's last known address, and there was no definitive proof to the contrary. Consequently, the Court determined that the sequestration order was validly made.

The application to set aside the sequestration order was dismissed.