Weiss, Re Z. Ex Parte Official Trustee in Bankruptcy [1986] FCA 395

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CATCHWORDS

BANKRUPTCY - Application by Official Trustee for relief under s.77(e) and s.78 - Adjournment application based on allegedly impending change of trustee and possible compromise between the bankrupt and his creditors - Trustee's function under the Act is wider than merely protection of the interests of the creditors -

Court control of administration in bankruptcy - Whether creditor

entitled to intervene on trustee's application under s.77(e).

Bankruptcy Act 1966, ss.19, 69, 77(e), 78, 134, 157, 160, 177, 178, 179

Bankruptcy Rules Rule 93 ,

Re Crawford (Dec'd) Ex parte The Trustee (1943) 13 A.B.C. 201

In Re Hester; Ex parte Hester [1889] 22 Q.B.D. 632

Re Burldmat (Australia) Ltd [1983] 1 N.S.W.L.R. 291

In_ re Lord Thurlow; Ex parte Official Receiver [1895] 1 Q.B. 724 Re Carson Ex parte Carson (1960) 19 A.B.C. 108

Re Mineral Securities Australia Ltd (in Liq.) [1973] 2 N.S.W.L.R.

RE: ZDENEK WEISS; EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY

No. 293 of 1978

Burchett J. Sydney 29 August 1986

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES AND THE AUSTRALIAN

GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF

No. 293 of 1978

ewe ws

CAPITAL TERRITORY

RE: ZDENEK WEISS Bankrupt EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Applicant

REASONS FOR JUDGMENT

BURCHETT J.

An application has been made by the Official Trustee in Bankruptcy for relief pursuant to s.77(e) and s.78 of the Bankruptcy Act 1966. At the outset, two matters have been raised which are the subject of these reasons. The first is an application for adjournment which has been made by Mr Strasser, who appears for the bankrupt. The second is an application for leave to appear in the proceeding which has been made on behalf of one Zinaida Gorelick, who claims to be a creditor by virtue of an assignment taken from Amev Finance Limited (formerly United