Federal Court of Australia
CATCHWORDS BANKRUPTCY - Creditor's petition - "Ordinarily resident in Australia" - Whether solicitor who had committed defalcations and
fled to Greece for two years before returning was ordinarily resident in Australia during a period after his departure - Whether he was carrying on business in Australia not having wound up his practice and paid all its obligations - Admissibility of tender of paragraphs of opponent's affidavit as admissions - Whether debtor remained out of Australia with intent to defeat or delay his creditors - Defence that he left in fear of his life - Whether liability of solicitor as a trustee to account for monies entrusted to him and misapplied gave rise to a liquidated sum due in equity - Whether proceeds of forged mortgages gave rise to a debt - Effect of partial security for petitioning creditor's debt - Whether petitioning creditor was a secured creditor.
Bankruptcy Act 1966, s.5(1), s.40(1)(c)(i), 5.43(1)(b)(1) and (iii), s.44. : Legal Profession Practice Act 1958 (Vic), s.104GA(8)
Price v. Hayman [18481 4M. & W. 8; 150 E.R. 1321
Wimpole v. McIlwraith £1923] VLR 553
Barton v. Deputy Federal Commissioner of Taxation (1974) 131 CLR Re Cook (1946) 13 ABC 245
Re Smith; Ex parte Kern Corporation Lta., Pincus J., unreported, 19/6/85.
Re Cohen £19501] 2 All E.R. 36
Commissioners of Inland Revenue v. Lysaght [£1928] AC 234 Akbarali v. Brent London Borough Council (1983) 2 AC 309
Re: Mendonca; Ex parte Commissioner of Taxation (1969) 15 FLR Mann v. Hulme (1961) 106 CLR 136
Emma Silver Mining Co. v. Grant (1880) 17 Ch.D. 122
Re Dawson (dec'd); Union Fidelity Trustee Co. Ltd. v. Perpetual Trustee Co. Ltd. £1966] 2 NSWR 211
Re O'Leary; Ex parte Bayne (1985) 61 ALR 674 In re Small; Westminster Bank v. Trustee [19341 1 Ch. 541
RE: BASIE" WILLIAM VASSIS; EX PARTE LEO LEUNG
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