Deputy Commissioner of Taxation v Clyne, Peter Leopold & Ors Re Clyne, Peter Leopold Ex Perte Andrew, William Edward [1983] FCA 290

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES

ee eS

AND THE AUSTRALIAN CAPITAL VERRITORY No. P4 of 1983

BETWEEN THE DEPUTY COMMISSIONER OF TAXATION Applicant AND PLTER LEOPOLD CLYNE Respondent AND THE OFFICIAL TRUSTEE IN BANKRUPTCY AND WILLIAM EDWARD ANDREW

No. W838 of 1983

RE: PETER LEOPOLD CLYNE EX PARTE: WILLIAM EDWARD ANDREW CORAM: Beaumont, J.

DATED: 18 October, 1983.

REASONS FOR JUDGMENT

On 4 January, 1983, the Deputy Commissioner of Taxation filed a petition seeking that a sequestration order be made against the estate of Mr. Clyne. A consent by Mr. O'Brien to act as trustee was filed at the same time. On 17 August, 1983, on the application of the Deputy Commissioner, Neaves, J. made an order under s.50 of the Bankruptcy Act, 1966 ("the Act") that the Official Receiver take control of the property of the judgment Gebtor until further order. Various other orders were made, partly as ancillary orders under s.50, and partly under s.30. Although appeals have been brought against these orders, I have been informed that these appeals will probably rot be prosecuted in the events which have happened. On 2 September, 1983, certain further orders were

made by Neaves, J. by consent but without admissions.

On 6 September, 1983, Mr. Clyne filed a Gebtor's petition pursuant to s.55 which was accepted. The consent of

Mr. Andrew to act as trustee was filed at the same time.

On 13 September, 1983, Neaves, J. held that the orders made by him on 2 and 13 September, 1983 remazned oper- ative according to their tenour, notwithstanding the statutory bankruvtcy occurring on 6 September, 1983. His Honour also

varied one of the orders made by him on 17 August, 1983.

On 19 September, 1983, and subsequently, the Deputy Commissioner proceeded with the hearing, before me, of his petition together with his application filed on 15 Sevtember, 1983 seeking inter alia, an order that, in the event that a sequestration order was made, the property of the bankrupt vested in Mr. Andrew be declared to be vested in Mr. O'Brren as trustee of the estate of the bankrupt. In that application, the Deputy Commissioner also sought to restrain the bankruot from obtaining credit and sought an order for delivery up of his credit cards. In the latter connection, on 26 September, 1983,