Federal Court of Australia
CATCHWORDS
Bankruptcy - qualification to act as trustee - whether a person who is an employee is for that reason necessarily not
qualified to act as a trustee within the meaning of s.155 of
the Bankruptcy Act 1966 - employees not aclass of persons expressly excluded by s.155 from registration as a trustee - the fitness of a person to hold the office of a trustee in
each case must depend on its own facts. Bankruptcy Act 1966; ss.155 and 179
KENNETH WAYNE LAMB v. THE REGISTRAR IN THE BANKRUPTCY FOR THE
STATE OF VICTORIA
Ka \ A </> VG No. 168 of 1984 ay AS, wed
eH on TICs Smithers ACJ, Northrop and Jenkinson JJ. 7% 5 OCT ives acl Sse con OF an SUQTRALD '\ POV iCiPAL VON
3 October 1984
Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 168 of 1984 ) GENERAL DIVISION )
ON APPEAL from the Federal Court of Australia
Between: KENNETH WAYNE LAMB
(Appellant)
And: THE REGISTRAR IN BANKRUPTCY FOR THE
STATE OF VICTORIA
(Respondent }
Judges Making Order: Smithers ACJ, Northrop and Jenkinson JJ.
Date of Order: 3 October 1984 Where Made: Melbourne. ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The Orders and Declaration of the Court below be set
aside and in lieu thereof the application be dismissed.
3. The question of the appellant's costs of the application
and of the appeal be reserved.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 168 of 1984 ) )
GENERAL DIVISION
ON APPEAL from the Federal Court of Australia
Between: KENNETH WAYNE LAMB
(Appellant)
B
THE REGISTRAR IN BANKRUPTCY FOR THE STATE OF VICTORIA
(Respondent)
Coram: Smithers ACJ, Northrop and Jenkinson JJ.
3 October 1984 1984
REASONS FOR JUDGMENT
SMITHERS J.: This is an appeal from a judgment of the trial judge that in exercise of the power contained in s.155(5) of the Bankruptcy Act Act (the Act) , an order should he made cancelling the registration of the appellant Kenneth Wayne Lamb as a person qualified to act as a trustee pursuant to Part VIII of the the Act and declaring that the appellant is no longer qualified to be a person registered pursuant to Part
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