| IN THE FEDERAL COURT OF BANKRUPTCY BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY |
N.S.W. 78 of 1976 |
| In the matter of -
BANKRUPTCY ACT 1966 AND IN THE MATTER OF - AN APPLICATION FOR ANNULMENT Re: TONY JEFFREY Ex parte: TONY JEFFREY |
REASONS FOR JUDGMENT
Riley J.
25 February 1977
On 25 February 1976, on the petition of Claude Neon Limited, a sequestration order was made against the estate of Tony Jeffrey. The present applicant, whose name is Tony Jeffrey, asks in his application dated 26 August 1976 for an order that "the bankruptcy in this matter" be annulled. The application is opposed by the petitioning creditor.
The petition alleged that the debtor "Tony Jeffrey" had committed an act of bankruptcy consisting of non-compliance with a bankruptcy notice based on a default judgment obtained in the District Court of New South Wales by the petitioning creditor against "Tony Jeffrey trading as All Diggers Floral Service". It is common ground that the applicant has a son named Anthony George Jeffrey, and that the applicant has never been served with any document in any relevant proceedings either in the District Court or in the Federal Court of Bankruptcy. Therefore, if the applicant is the person who was made bankrupt, his application should succeed. But the petitioning creditor opposes his application on the ground that it was not the applicant but his son Anthony George Jeffrey who
