Re Hill, P.L. v. Ex parte Ramsay, R.E. [1988] FCA 248

IN is} U: IA ) )

SDI ) No. 857 of 1986 ) )

IN_BANKRUPTCY

BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA

Re: PAUL LEONARD HILL A Bankrupt Ex Parte: H SAY

(As trustee of the property of

Paul Leonard Hill, a bankrupt) Applicant COURT: NORTHROP J. DATE : 16 MARCH 1988

PLACE: MELBOURNE:

EX TEMPORE REASONS FOR JUDGMENT

By application dated 11 March 1988 the applicant,

Robert Eastaugh Ramsay, as trustee of the bankrupt, Paul Leonard Hill, is seeking orders. The two main orders sought are: (1) that the bankrupt be committed for contempt by reason of his failure to comply with an order of this Court, made on 16 December 1987, to deliver up to the trustee or his agent possession of land at Apolio Bay and that a warrant for

his arrest be issued and, (2) that an injunction be granted restraining the bankrupt from entering onto the property at Apollo Bay and from hindering or otherwise interfering with

the applicant in relation to a sale of the land by public

auction which is due to be held on 2 April 1988.

The application is based upon paragraph 78(1)(f) of

the Bankruptcy Act 1966 which reads:

"78(1) Where it is made to appear to the Court-

(A) ceneaae

(£) that a bankrupt has, without good cause shown, neglected or failed to comply with an order of the Court or with any other obligation under this Act,

the Court may issue a warrant for the arrest of the debtor or bankrupt, as the case may be, and his committal to such gaol as the Court appoints until the Court otherwise orders and may, by the same warrant, order that any property, books, documents, papers and writings in the possession of the debtor or bankrupt be seized and delivered into the custody of such person as the Court appoints."

The injunction is sought pursuant to paragraph 30(1)(b) of

the Bankruptcy Act.

From the material before me I am satisfied that