Putnin, Bernard v Reynolds, Dennis John & anor [1984] FCA 255

Administrative Law - judicial review - decision of stipendiary magistrate in committal proceedings - decision to commit for trial - whether error of law - whether prima facie case against applicants of conspiracy to defraud - duty of trustee under Part X of Bankruptcy Act to get in and realise assets - share in company not included in Statement of Affairs - whether share included in resolution of creditors - whether share included in deed of arrangement - obligations of trustee under deed of arrangement - whether decision by creditors a variation of scheme or amendment

of deed - relevance of discretion in proceedings for review

Administrative Decisions (Judicial Review) Act 1977 5.5

Bankruptcy Act 1966 ss. 187, 188, 194, 204, 214, 233, 235 BERNARD PUTNIN v. DENIS JOHN REYNOLDS and PETER FRANCIS WHITE JOSEPH LEVIT v. DENLS JOHN REYNOLDS and PETER FRANCIS Witte MEYER MARTIN LEVIT v. 8 JO 0 TE Nos. WA G54 of 1984

WA G55 of 1984 y

WA G56 of 1984 / TOOHEY J. PERTH

23 AUGUST 1984

=.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA

DISTRICT REGISTRY GENERAL DIVISION

~weweww

BETWEEN:

No. WA G54 of 1984

BERNARD PUTNIN Applicant

and

DENI NO First Respondent

PETER FRANCIS WHITE

Second Respondent

Oo R D _ E R

JUDGE MAKING ORDER Toohey J.

DATE OF ORDER

23 August 1984 WHERE MADE : Perth

QURT _O Ss v My

1. The application be dismissed.

2. The applicant pay the respondents' costs of the application to be taxed as one set of costs with the costs in applications Nos. WA G55 of 1984 and WA G56 of 1984.

o- e

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

JUDGE MAKING ORDER DATE OF ORDER

WHERE MADE

wwewwew

BETWEEN:

2 5 of

JOSEPH LEVIT Applicant

and

DENIS JOHN REYNOLDS First Respondent

PETER FRANCIS WHITE

Second Respondent

QO R D E R

Toohey J.

23 August 1984

Perth

THE COURT ORDERS THAT:

The application be dismissed.