Re Roger Gregory Matson; Ex Parte Official Receiver [1980] FCA 214

>

JUDGMENT NO. anZiclwartonal LEQ

IN THE FEDERAL COURT OF AUSTRALIA

-

GENERAL DIVISION

)

BANKRUPTCY DISTRICT OF THE STATE jNo. N.S.W. 780 of 1977 OF NEW SOUTH WALES AND THE )

AUSTRALIAN CAPITAL TERRITORY

RE: - ROGER GREGORY MATSON

EX PARTE: OFFICIAL RECEIVER

REASONS FOR JUDGMENT by 4 Ss 1980 LOCKHART J."

I give lave to the applicant, the Official Receiver for the Bankruptcy District for the State of New South Wales and the Australian Capital Territory to file in Court, returnable instanter, an application by the Official Receiver for an order that an undischarged bankrupt, Roger Gregory Matson, be produced to this Court by the Governor of the Central Industrial Prison of New South Wales on Monday next, 22 Septenber 1980, at 12.00 noon. The Official 'Receiver applies today, ex parte, for an order in the terms to which I have referred. The bankrupt has applied to this Court for an order of discharge from his bankruptcy. The application is set down for hearing on Monday next at 12.00 noon.

The application for an order that the bankrupt be produced to this Court is made by the Official Receiver upon the ground that it is, if not necessary, certainly desirable that the bankrupt be here to presecute his application. I am informed by the solicitor for the Official Receiver that the bankrupt has

indicated that he wishes to be in Court when his application for

discharge is heard.

..-/2

~

It was submitted that a possible source of jurisdiction of this Court to order the production of the bankrupt from the custody of the Governor of the Central Industrial Prison of New South Wales is s. 44 of the Prisons Act 1952 of the State of New South Wales.

Plainly that cannot be a source of jurisdiction because it is a section of an Act passed by the New South Wales Parliament which has no competence to confer-bower on this Court.