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,... (9) aid to the utmost of his power in the administration of his estate." What the trustee is seeking is an order that Mr Bond sign a consent addressed to the first three respondents allowing the trustee to inspect and make photocopies of the documents in their possession which were seized from Mr Bond, "excluding documents wrongfully seized under the warrants which are personal in nature and do not relate to Alan Bond's financial affairs." Nothing is sought by the trustee in relation to documents seized from the other applicants. It may be, and I express no opinion, that the fact that the documents are held by the Federal Police as a result of the seizure under Crimes Act warrants, and are, arguably at least, not subject to compulsory process by the Official Receiver under s 77(c) of the Bankruptcy Act, is a factor which should weigh against the Court making an order under s 77. ~-- ar There is also no doubt the question whether there is any urgency or need shown by the trustee to have an order under s 77 prior to the court dealing with the question of powers under s 77(c) in respect of which I have already held there is an arguable issue to be tried. However, it seems to me that such considerations are properly and more effectively to be considered in the application next week. The introduction of the request under s 77 introduces new issues and I think they have to be considered in the appropriate forum, having regard, amongst other things, to the significance of the orders which Northrop J and I have made in the present proceeding. So I decline to make the order sought. I do not propose to make any order for the costs of the motion. Appearances Counsel for the applicant: Solicitor for the applicant: Counsel for the first, second and third respondents: Solicitor for the first, second and third respondents: Counsel for the fourth respondent: Solicitor for the fourth respondent: Counsel for the fifth respondent: Solicitor for the fifth respondent: Date of hearing: se I certify that this and the preceding three (3) pages are a true copy of the reasons for judgment of his Honour Justice Heerey. cember 1994 JWK Burnside QC with M Barnett $socia Galbally Fraser & Rolfe Cc Scott Director of Public Prosecutions (Commonwealth) R Brett [None on record] R Garratt Mallesons Stephen Jaques 9 December 1994