Federal Court of Australia
CATCHWORDS
Bankruptcy - practice and procedure - rescission of orders - application for damages and compensation for alleged misfeasance.
Bankruptcy Act 1966 ss.27, 28, 30, 37, 58, 116, 129, 152 Bankruntcy Amendment Act 1976 ss.5, 7
Federal Court of Australia Act 1976 s.25 Bankruptcy RuJes rr.106, l|34 Federal Court Rules 0.1], r.11, 0.41, r.5
SYDNEY GORDON RALHORN v. RON COLBY (Official Trustee), PRIAN BURZACOTT (Senior Assistant Official Trustee) and JOHN WATSON (Assistant Official Trustee)
V.G. No. 39 of 1982 Fox, Northrop and Ellicott JJ.
Melbourne
21 October 1982.
AUSTRALIA
NSW DISTRICT REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V.G. No. 39 of 19R2
er se
GENERAL DIVISION
BETWEEN:
SYDNEY GORDON RBALHORN Appellant
and
RON COLBY (Official Trustee), BRIAN BURZACOTT (Senior Assistant Official Trustec) and JOHN WATSON (Assistant Official Trustee) Respondents
ORDER
JUDGES: Fox, Northrop and Fllicott Jd. DATE OF ORDER: 21] October 1982
WHERE MADE: Melbourne
THE COURT ORDERS THAT;
1. Appeal allowed.
2. In lieu of the orders made on 19 March 1982, the following orders are made:
A. The orders made on 21 October 1981 be set aside.
B. The registrar in bankruptcy forthwith deliver up to the oficial trustee in bankruptcy the documerts marked for identification as 'MFT2?' referred to in
No
the order of the registrar in bankruptcy on 1 June 1981.
That the application of Sydney Gordon Palhorn dated 19 June 1981, insofar as it sought an order restraining the registrar in bankruptcy from
delivering the documents marked for identification as 'MFI2' referred to in the order of the reqistrar
in bankruptcy on 1 June 19R1, the two applications of Sydney Gordon Balhorn dated 30 December 19°1 and
the application of Sydney Gordon Balhorn dated ?5 February 198? each be dismissed.
That Sydney Gordon Balhorn pay the costs of the official trustee in bankruptcy of Sydney Gordon Balhorn's application of 19 June 191 including the costs reserved by Deane J. on 14 August IJ981, otherwise no order as to costs incurred up to and including 21 October 1981.
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