Re Hawkes, Mavis Lorraine v Ex Parte Bird, Alex Neville [1984] FCA 22

CATCHWORDS

Bankruptcy - trustee given authority by debtor under s.188 of the

Bankruptcy Act 1966 - debtor already bankrupt - invalidity of authority - no right of trustee to remuneration out of the estate

for work performed - not a transaction for valuable consideration

concerning after-acquired property.

Bankruptcy Act 1966 ss.126 and 188

RE: MAVIS LORRAINE HAWKES A Debtor

EX PARTE: ALEX NEVILLE BIRD Applicant

PART X NO: 284 of 1983

Woodward J. Melbourne 22 February 1984

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

)

)

)

) PART X NO: 284 of 1983 BANKRUPTCY DISTRICT OF THE ) ) )

STATE OF VICTORIA

RE: MAVIS LORRAINE HAWKES - A Debtor EX PARTE: ALEX NEVILLE BIRD Applicant ORDER

JUDGE MAKING ORDER Woodward J.

oe

DATE OF ORDER 22 February 1984

WHERE MADE : Melbourne

THE COURT ORDERS THAT:

1. The purported authority under s.188 of the Bankruptcy Act 1966 dated 30 November 1983, given by the debtor to the applicant, is declared to be void.

2. The applicant account to Mr. J.W. O'Brien, the debtor's trustee in bankruptcy, for any stock transferred to him by or on behalf of the debtor.

3. The applicant forthwith forward to the said trustee in bankruptcy any monies received by him from or on behalf of the debtor.

IN THE FEDERAL COURT OF AUSTRALIA

)

) GENERAL DIVISION )

) PART X NO: 284 of 1983 BANKRUPTCY DISTRICT OF THE )

) STATE OF VICTORIA ) RE: MAVIS LORRAINE HAWKES A Debior EX PARTE: ALEX NEVILLE BIRD Applicant CORAM: Woodward J. DATE: 22 February 1984 WOODWARD J. REASONS FOR JUDGMENT

This 1s an application by Alex Neville Bird, a registered trustee in bankruptcy, for a declaration that the authority which a debtor purported to give him to call a meeting of creditors, and take over control of her property, pursuant to s.188 of the Bankruptcy Act 1966 ('the Act') is void. Other

consequential declarations and orders are also sought.