Re Theodore Valentine de Vere Tyndall Ex Parte The Bankrupt [1977] FCA 72

ot ' CA'TCIIWORDS

.

Bankruptcy - Application for permission to leave Australia - s. 178 - when Court will interfere with trustee's decision - ss.77(a), 272 - when bankrupt's desires to be subordinated

to proper administration of estate. "

Theodore Valentine De Vere Tyndall Ex parte the Bankrupt

No. 180 of 1976

Coram: Deane J.

Sydney, Monday 17th Octobex, 1977.

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IN THE FEDERAL COURT OF AUSTRALIA )

GENGRAL DIVISION

BANKRUPTCY DISTRICT OF NEW SOUTH No. 180 of 1976

WALES AND AUSTRALIAN CAPITAL

TERRITORY

THEODORE VALENTINE DE VERE TYNDALL

REASONS FOR JUDGMENT

May 17¢4) October, 1977

DEANE J: The applicant, Theodore Valentine De Vere Tyndall,

is a bankrupt. Pursuant to the provisions of the Bankruptcy Act 1966 ("the Act"), a sequestration order was made in respect of his estate on the 13th April, 1976. The Official Receiver became, by virtue of the provisions of s.160 of the Act, and

has remained, the trustee of the applicant's bankrupt estate.

Subsequent to the making of the sequestration order, the applicant, as required by the provisions of s.77(a) of the Act, delivered his current passport to the Official Receiver. As a result of the making of the sequestration order the

applicant was, by reason of the provisions of s.272 of the Act,

constrained, under a maximum penalty of imprisonment for twelve

months, from leaving Australia without the consent in writing

of the Official Receiver as trustee of his bankrupt estate.

.

On the 21st July, 1977, the applicant wrote a letter to the Official Receiver in which he stated, inter alia, that he had prospects of improving his earning rate "by accepting brief overseas assignments" and that he "would now wish to take advantage of such offers if available". The letter referred to an attached letter from "Olympic Finance" and concluded with an application "for permission to renew my passport" (sic). Enclosed with the letter from the applicant was a letter from a company, Olympic Finance & Insurance Corporation Limited, which was dated 20th July, 1977 and, omitting formal parts,