Bond, A. & Ors v. Tuohy, A.P. & Ors [1994] FCA 994

JUDGMENT No. sancct fetal <tSfaoe

IN-THE FEDERAL COURT OF AUSTRALTS

VICTORIA DISTRICT REGISTRY ) No. VG 427 of 1994 ) )

GENERAL DIVISION

BETWEENs:

ALAN BOND First

JOHN BRYAN BOND Second

CRAIG DAVID BOND Third

DIANA GWENYTH BLISS Fourth

ROGER _BRYER Fifth

PETER RAYMOND HOLDSWORTH Sixth

NEIL CUNNINGHAM Seventh WHITSUNDAY ISLAND DEVELOPMENTS pry LTD

Eighth

ARMOY PTY LTD Ninth

HULLMES PTY LTD Tenth

TAMBAR PTY LYD Eleventh

YATHROO ESTATES PTY LTD Twelfth WA_ FOUNDATION HOMES PTY LTD

PRINCIPAL Thirteenth REGISTAY FAIROAK PTY LTD Fourteenth

- and -

ANDREW PATRICK TUQHY

Applicant Applicant Applicant Applicant Applicant Applicant Applicant

Applicant Applicant Applicant Applicant Applicant

Applicant Applicant

(a Detective Acting Sergeant of the Australian Federal Police) First Respondent

MICHAEL J PALMER

(Commissioner of the Australian Federal Police) Second Respondent

MICHAEL ROZENES

(Commonwealth Director of Public Prosecutions) Third Respondent

GEORGE LIONEL CADDY

(Official Receiver for the Bankruptcy District

of New South Wales) Fourth Respondent ROBERT EASTAUGH RAMSAY Fifth Respondent Judge: Heerey J Place Melbourne Date: 9 December 1994

EX _TEMPORE REASONS FOR JUDGMENT

I do not think I should make the order sought. It is a very

drastic remedy for a judge to grant an injunction preventing a

litigant approaching a court, let alone a judge of

the same

court.

It seems that the application returnable before Whitlam J in Sydney on Tuesday is one made by the trustee under s 77, and in

particular s 77(e) and (g). Section 77 relevantly provides:

"A bankrupt shall, unless excused by the trustee or prevented by illness or other sufficient cause ...

(e) execute such instruments and generally do all such acts and things in relation to his property and its realisation as are required by this act, or by the trustee, or as are ordered by the Court upon the application of a trustee,...