Muir, Brian, Registrar in Bankruptcy v Bradley, David Geoffrey [1984] FCA 115

$3.00

CATCHWORDS

Bankruptcy - Application for inquiry into conduct of trustee - Application for order cancelling respondent's registration

as trustee ~ whether it is appropriate for matter to go to final hearing ~- Whether Court confined to looking at one particular estate only - Relevance of rectification of past defaults

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

BRIAN MUIR, REGISTRAR IN BANKRUPTCY v DAVID GEOFFREY BRADLEY

No. T886

Beaumont J. 27 April 1984 Sydney

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE } )

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: 27 April 1984.

Where made: Sydney

THE COURT ORDERS THAT:

1. I order thet the application now proceed to a final

hearing on a date to be fixed.

2. I direct that the respondent file and serve any

affidavit to be relied on by him on or before 14 May 1984.

3. Costs reserved.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF ' NEW SOUTH WALES AND THE )

AUSTRALIAN CAPITAL TERRITORY No. T886

BETWEEN: BRIAN MUIR, REGISTRAR IN BANKRUPTCY

Applicant

AND: DAVID GEOFFREY BRADLEY

Respondent

CORAM: Beaumont, J.

DATED: 27 April 1984.

REASONS FOR JUDGMENT (NO. 2)

By his application filed on 22 September 1953, 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 1s made pursuant to ss.179 and/or 212B of the Bankruptcy Act, 1966 ("the Act")