Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF
NEW SOUTH WALES AND
AUSTRALIAN CAPITAL TERRITORY
Re:
Ex parte:
And:
CORAM: Einfeld J. DATE: 20 December 1987 PLACE: Sydney
EX-TEMPORE JUDGMENT
JUDGMENT No. .2ZSeuul LZR
No. W468 of 1986 Part X
Constance VACCARO
Debtor
Josephine Angelina FLORIO
Applicant
i
John Howard MANN
Respondent
FEDERAL COURT OF AUSTRALIA
28 JAN 2003 LIBRARY
The first of many complex and perplexing matters in this litigation that
falls for judicial determination is whether at this
applicant in pxoceedings which he has brought and the
proceedings brought by Mrs.
trustee pursuant to a purported authority under section 188 (1)
Florio,
time Mr. Mann, the respondent in is Mrs. Vaccaro's controlling
of the
Bankruptcy Act 1966 (the Act) dated 24 November 1986.
It is not disputed by the solicitor for Mrs.
her controlling trustee
status is taken by the solicitor for Mrs. Florio, who was
under that authority.
Vaccaro that Mr. Mann is
The objection to his
the initiator
of all these proceedings in the first instance in an application which
is still before the court.
There is a dispute as to the precise circumstances in which this authority was witnessed. There appears to be no dispute that Mrs.
Vaccaro signed the document whilst in Mr. Mann's office.
Annexed to the affidavit of Mr. Mann dated 8 October 1987, is a document filed on 26 November 1986 as a section 188 authority. Although he has not given evidence of this precise matter, the inference that I draw from his affidavit which annexes the authority is that ; he annexes it as a valid section 188 authority signed and witnessed as alleged on its
face.
The dispute that arises is between Mrs. Vaccaro, the signatory of the document, and Mrs. Nicholson, the purported witness. The evidence on this matter emerges in a _ somewhat strange way, but in view of the unusual nature of these proceedings, I do not think that a_ sensible inference can be drawn adverse to anyone from the way in which the
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