Re Parker, L.J. [1994] FCA 942

JUDGMENT No. 22 9%

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NOT FOR DISTRIBUTION FEDERAL Court OF AUSTRALIA NEW SOUTH WALES REGISTRY No NB 1486 of 1992 GENERAL DIVISION - RE:

LESLIE JAMES PARKER

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RECEIVED -7 GEC 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

CORAM: SACKVILLE J. PLACE. SYDNEY DATE: 25 NOVEMBER 1994

HIS HONOUR: In this matter, Mr Leslie James Parker, who is the bankrupt, appears himself in order to make an application to the Court. The application is made by way of a document filed in the Registry today; 25 November 1994. In that application Mr Parker seeks orders preventing the respondent, the Official Trustee, from entering any agreement to sell, as Trustee, the land in folio identifier A/406667, known as 58 Filter Road, Nowra, in New

South Wales. It is said in the application that this land is

Aboriginal land which cannot be sold.

The application also seeks an order for costs and compensation from the Trustees for their part in removing the property from

Mr Parker's son; Kerry.

-2- The application was supported by Mr Parker, who relied upon two affidavits. One is an affidavit sworn by Mr Parker himself and filed in the Registry of the Court today 25 November 1994. The other is an affidavit of Kerry John Parker, filed in Court on

16 November 1994, having been sworn on that day.

When the matter was called, I asked Mr Parker if the application had been served. Mr Parker told me from the bar table that it had been served at 1.00 pm today. However, the application states that the matter has been set down for hearing on 13 December 1994. Accordingly, it appears that the document with which the Official Trustee has been served - assuming that what Mr Parker has told me is accurate - shows that the hearing will take place, not today but on 13 December 1994. Accordingly, it