Winton, K.G. v. Jolliffe, J.J. [1988] FCA 59

JUDGMENT No. Sc... BC

CATCHWORDS

BANKRUPTCY - Power of Inspector-General under s.15(4) to direct "an officer" to perform duties etc. of an Official Receiver - Deputy Registrar given such a direction applying for issue of summons under s.81 - Whether the power to direct extended to a direction given to a Deputy Registrar - Meaning of "officer" in s.15(4) ~- Whether upon review under s.14(5) it was open to attack the capacity of a person de facto directed under s.15 -

Authorities dealing with the powers of de facto officers referred

to.

Bankruptcy Act 1966, ss.5, 14, 15.

KENNETH GRAHAM WINTON -V- JAMES JOHN JOLLIFFE

NSW G.580 of 1987

Morling, Burchett & Gummow JJ. Sydney 7 March 1988

oo)

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G.580 of 1987 )

GENERAL DIVISION ) BETWEEN:

KENNETH GRAHAM WINTON

Appellant AND: JAMES JOHN JOLLIFFE

Respondent

MINUTE OF ORDER OF THE COURT

Judges Making Order: Morling, Burchett and Gummow JJ. Where Made: Sydney Date of Order: 7 March 1988

THE COURT ORDERS THAT:

The appeal be dismissed with costs.

NOTE: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G.580 of 1987 )

GENERAL DIVISION ) BETWEEN:

KENNETH GRAHAM WINTON Appellant AND:

JAMES JOHN JOLLIFFE

Respondent

CORAM: Morling, Burchett & Gummow JJ. DATE: 7 March 1988 PLACE: Sydney

REASONS FOR JUDGMENT

THE COURT

This 1S an appeal from a judgment of a Judge of the Court, dismissing an application under s.14(5) of the Bankruptcy Act 1966. The circumstances which have given rise to the debate upon the appeal can be very briefly stated. On 6 September 1984, pursuant to s.188 of the Act, the appellant authorized a registered trustee (the trustee) to call a meeting of creditors. A meeting of the appellant's creditors called on 25 September 1984 passed a special resolution that he execute a Deed of Assignment, which he did. The trustee was duly appointed trustee