Cutter, Re B.C. Morison, Ex Parte R.I. [1986] FCA 435

LIMITED DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

No. W.743 of 1986

wee we

BRYAN C. CUTTER

Applicant

EX PARTE:

ROBERT IAN MORISON

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

BURCHETT J.

I am asked ex parte for judicial advice as to whether the trustee of the bankrupt estate of Brian Geoffrey Cutter would be justified in refusing to treat a letter dated 31 July 1986 written by Messrs Ferrier and Associates, Solicitors, as requiring him to make an election under s.60(2) of the Bankruptcy Act 1966. Messrs Ferrier and Associates act, and were acting at the date of the letter, as solicitors on behalf of the bankrupt in proceedings in Commercial Causes in the Supreme Court of New South Wales. Those proceedings had actually been carried to the point where his Honour, Mr. Justice Rogers had reserved his

decision, at the time when the sequestration order was made.

Subsequently, he delivered a judgmep er which 1t would appear

~20CT 1986

FEDERAL COURT AUSTRALIA. OF

PRINGIP, REGISTRY

2.

that orders are likely to be made which will be favourable to the bankrupt, and ultimately to the estate. However, the matter has been relisted before Mr. Justice Rogers for tomorrow for the purpose of consideration of what the appropriate orders will, in

fact, be.

There is a decision of Mr. Justice Holland in Beneficial

Insurance Company Ltd v. Hamilton (1985) 73 F.L.R. 347, the effect of which is that s.60(2) of the Bankruptcy Act does not

apply to the mere making of consequential orders, or indeed the delivery of judgment where judgment has been reserved prior to

the making of the sequestration order.

There is also a decision of my own, Re Collins; Ex parte

official Trustee in Bankruptcy and Bracher (1986) 65 A.L.R. 338,