Parker, L.J. & Anor v. Official Trustee in Bankruptcy [1994] FCA 851

2 December 1994

Please replace the original 851-94 judgment with the attached 851-94.

Thank you

SE

Judgments Clerk

JUDGMENT No. suo SeLanal och bon

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No NB 1486 of 1992 GENERAL DIVISION BETWEEN: LESLIE JAMES PARKER Bankrupt AND: BEVERLEY ANN NICHOLLS Applicant -1 DEC 1994 FEDERAL COURT OF AND: AUSTRALIA PRINCIPAL Raaierny OFFICIAL TRUSTEE IN BANKRUPTCY Respondent

CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 4 NOVEMBER 1994

REASONS FOR JUDGMENT

HIS HONOUR: In this matter the applicant filed an application in the bankruptcy of Leslie James Parker. That application was made on 30 September 1994. In it the applicant sought an order "preventing the transfer of the property comprised in certificate of title folio identifier 49/751255 (lot 49 Budgong Road, Budgong) from orders made on 15 March 1993 and 23 September 1994 in the Family Court in

favour of Lorraine Anne Parker"

The matter was first before the Court on Friday, 30 September 1994 when it was stood over until the bankruptcy list on 4 October 1994 At that time Mr Friedman appeared at the hearing on behalf of the Insolvency Trustee Service and the Official

Trustee.

| treated the application made by the applicant as a claim for interim relief. In the result | decided that the applicant was not entitled to any relief in the proceedings as they were then constituted. | published reasons for judgment for that effect on 5 October 1994. In the course of that judgment | indicated as | had stated in the course of argument that it was desirable that the applicant should have legal assistance to press what was a complex case. The judgment also pointed out that it may well be the case, or may have been the case that the applicant had

proceeded in the wrong jurisdiction.

On a subsequent occasion the matter was before the court for a directions hearing. At that time Mr Locke, solicitor, appeared on behalf of the applicant. Mr Locke indicated that he knew little about the matter but had been asked to appear by Mr Goldberg, solicitor, who represented the applicant. The Court was told at that time that Mr Goldberg had been instructed by the applicant; certain directions were