Federal Court of Australia
CATCHWORDS
Bankruptcy ~- Two trusteesof one estate - Whether consent
of both required under s.272(c)
Bankruptcy Act, 1966 s.272(c)
DEPUTY COMMISSIONER OF TAXATION v. WILLIAM EDWARD ANDREW and PETER LEOPOLD CLYNE
Beaumont, J. 23 February, 1984. Sydney.
4, vo
ee eg Ty Ree ta ae Pe fT ae Be at TA, ee TS
IN THE FEDERAL COURT OF AUSTVALLA
GENERAL DIVISLON
BANKRUPICCY DISTRICT Of Thi
STATE OF NEW SOU'TH WALLS AND
THE AUSTRALIAN CAPLTAL TERRITORY Ne. W838 and W929 of 1983
PETROS N : DEPULY COMMISSLONER OF 'TAXA'TLON Applicant AND: LGLLAM EDWARD ANDREW
First Respondent
AND: PELER LEOPOLD CLYNE
Second Respondent
ORDER
Judge making order: Beaumont, J.
Date order made: 23 february, 1984.
Where made: Sydney
THE COURT OPDERS THAT:
be
. Declare that. upon the true construction ot
s.272(c) of the Bankruptcy Act, 1966 and in the events which
have happened, the consent in writing of John Wiliiam O'Brien 1S required before the second respondent leaves
Australia or does an act preparatory to leaving Australia.
2. Costs reserved.
3. Adjourn application tor mention on 8 March, 1984 at
9.30 a.m.
IN HE FEDERAL COUR' OF AUSTRALIA
GENERAL DIVISLON
STALE OF NEW SOU WALES AND
) ) ) ) BANKRUPICY DISTRICT OF Wik ) ) ) ) )
THE AUSTRALIAN CAPIIMAL TERRITORY
BETWcEN : DEPUTY COMMISSLONE? OF 'fAXAT ION Applicant AND: WLLLLAM EDWARD ANDREW
First Respondent
AND: PINLLR LLOPOLD CLYNE
Second Respondent
CORAM: Beaumont, J.
DATED: 23 february, 1944.
REASONS FOR JSUDGMEN'T
Hy application dated 6 February, 1984, the
applicant seeks, inter ajia, an order that the second
respondent be restrained trom leaving Australia. in support
ot the application, the applicant relies upon the provisions
of s.272(c) of the Bankruptcy Act, L966:
No. W838 and W929 of 1983
"A person who--
(c} after he has become a bankrupt and before he as discharged trom the bankruptcy, without the consent ' in writing of the trustee of his estate, leaves Australia, or does an act preparatory to leaving Australia, is guilty of an ottence and is punishable, on conviction, by aumprisonment tor a perlod not exceeding 3 years." The eartier history of this matt=r 1s described in the judgment of the Full Court (Bowen, C.J., St. John and
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