Muir, Brian Registrar in Bankruptcy v Bradley, David Geoffrey [1983] FCA 330

CATCHWORDS

Bankruptcy - Application for inquiry into conduct of trustee - Application for order cancelling respondent's registration as trustee - Whether Court should determine as preliminary question whether it is appropriate to hold an inquiry at all - Principles to be applied by Court in exercising discretion to order inquiry - Court not required to order inquiry unless satisfied sufficient grounds made out - Appropriate in circumstances to hold prelim-

inary inquiry.

Bankruptcy Act, 1966 ss. 155, 179 and 212B

BRIAN MUIR, REGISTRAR IN BANKRUPTCY v. DAVID GEOFFREY BRADLEY

No. T886

Beaumont, J. Sydney 16 November, 1983

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF

NEW SOUTH WALES AND THE

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AUSTRALIAN CAPITAL TERRITORY No. T886

BETWEEN : BRIAN MUIR, REGISTRAR IN BANKRUPTCY

Applicant

AND: DAVID GEOFFREY BRADLEY . Respondent ORDER

Judge making order: Beaumont, J. Date order made: 16 November, 1983. Where made: Sydney THE COURT ORDERS THAT: 1. Further directions in the matter be fixed for

Friday, 18 November, 1983 at 9.30 a.m.

2. Costs reserved.

GENERAL DIVISION

IN THE FEDERAL COURT OF AUSTRALIA

BANKRUPTCY DISTRICT OF THE STATE OF

NEW SOUTH WALES AND THE

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AUSTRALIAN CAPITAL TERRITORY No. T886 BETWEEN: BRIAN MUIR, REGISTRAR IN BANKRUPTCY Applicant AND: DAVID GEOFFREY BRADLEY Respondent CORAM : Beaumont, J. DATED: 16 November, 1983.

REASONS FOR JUDGMENT

By his application filed on 22 September, 1983, the Registrar in Bankruptcy seeks first, an order that the Court inquire into the conduct of the respondent as trustee of certain estates; and secondly, an order that the respondent's registration as a person qualified to act as trustee be cancelled. The application is made pursuant to ss.179 and/or 212B of the Bankruptcy Act, 1966 ("the Act") in the former case, and pursuant to s.155 of the Act in the