Re The Official Trustee in Bankruptcy v. Ex parte Bayliss, P. [1987] FCA 283

CATCHWORODS -

BANKRUPTCY - interlocutory injunction against third party - prevention of dissipation of assets - extent of court's powers under s.30(1)(b) Bankruptcy Act - circumstances where injunction "necessary" under s.30(1)(b).

INJUNCTIONS - interlocutory ~ where specific power under statute to grant - equitable principles - balance of convenience relevant - court not confined to "Mareva" principles - granted where "necessary" under s.30(1)(b) Bankruptcy Act.

STATUTES - grant of general power - whether confined by specific provision of Act - question of construction - s.30(1)(b)

Bankruptcy Act.

Bankruptcy Act s.30(1)

AT

ay erent! KF : Re: Peter John Bayliss ~ HONE

Ex parte: The Official Trustee in Bankruptcy / WIVULsNy Vic E302 of 1987 {40 sansa weis03s

Baldry GN ,

8 As PINCUS J. ~

BRISBANE 3 JUNE 1987

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

~

VIC E302 of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND )

~

RE: PETER JOHN BAYLISS A Bankrupt EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY

(as trustee of Peter John Bayliss a bankrupt)

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: BRISBANE WHERE MADE: 3 JUNE 1987

THE COURT NOTES THAT:

Upon the applicant giving the usual undertaking as to damages:

1. The respondent Hadotone Pty. Ltd. undertakes until further order to pay any moneys which come into its

hands pursuant to the contract of sale referred to 1n paragraph one (1) on page six (6) of the application herein into an interest-bearing account maintained in the names of Jon Broadley and Alexander John Wilson.

2. Hadotone Pty. Ltd. further undertakes until further order to collect into its hands all moneys due to it pursuant to the aforesaid contract after payment of all proper costs and disbursements in relation to the aforesaid sale.

THE COURT ORDERS THAT: 1. Each of the parties is to have liberty to apply,