Federal Court of Australia
\
JUDGMENT No. want? 8) D4.
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) No.VB 1078 of 1990 ) )
GENERAL DIVISION
RE: ROBERT GRAHAM ANSETT EX PARTE: PAUL ANTHONY PATTISON (as Trustee
of the Bankrupt Estate of ROBERT GRAHAM ANSETT)
SHERRIE CROSWELL First Respondent
ROBERT GRAHAM ANSETT Second Respondent
JOSEPHINE ANNE ANSETT Third Respondent
JUDGE: Heerey J
DATE: 30 November 1994
PLACE : Melbourne
EX TEMPORE REASONS FOR JUDGMENT
I will give my reasons in very summary form. I propose to strike out the paragraphs of the application other than para 5. As to para 1, this assessment already has been made, and has been subject to the process of review to the Inspector General and further appeal to the AAT. If it is said that in respect of the sum of $7000 provided to Mrs Ansett
the Bond case produces a different result, the ordinary appeal
processes are open.
As to para 2, which relates to the 1994 and 1995 assessments, the requirement to make the assessments "as soon as practicable" under s 139W(1), I think, simply means just that.
Assessments may take a long time to make, but that may be
because it is simply not practicable, in the sense of not possible, to make them any earlier. The matter does appear a complex one, and there has been delay awaiting the decision of the AAT I see no reason on the material provided to conclude that there is an arguable case that the trustee has, or will, act perversely, or deliberately delay the assessments so as to
cause prejudice to the debtor.
As to para 3, sub-paras (a) to (e) inclusive really seem to involve a sterile inquiry as to why the trustee made certain decisions when those decisions have been the subject of a review and appeal process. The decisions have been reconsidered on their merits as the Act requires, and no useful purpose would, to my mind, be served by an inquiry as to why they were made in the first place. Paras 3(f) to (h) are concerned with the 1993 assessments and the, as yet unmade, 1994 and 1995 assessments. For the reasons already mentioned in relation to paragraphs 1 and 2, I do not think an
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