Newman, D.D. v Littlejohn, E.A. & Anor [1995] FCA 519

CATCHWORDS BANKRUPTCY - controlling trustee's power of sale prior to meeting of creditors - application for leave to sell - heavy earthmoving equipment used in road-construction business - auction scheduled for day following application - no evidence that property perishable in the sense of being at risk of vandalism or destruction - creditors' meeting scheduled for 10 days subsequently - debtors initially requesting and consenting to sale - change of mind - debtors seeking to put different proposal to creditors - leave refused - auction would preclude alternative - creditors to have right to choose. Bankruptcy Act 1966 (Cth) s.190(3) DIANA DENISE NEWMAN AS CONTROLLING TRUSTEE OF EDWARD ALEXANDER LITTLEJOHN AND JENNIFER LILLIAN LITTLEJOHN v. EDWARD ALEXANDER LITTLEJOHN AND JENNIFER LILLIAN LITTLEJOHN CARR J. PERTH 5 JULY 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WAG 3029 of 1995 DISTRICT REGISTRY ) GENERAL DIVISION ) IN THE MATTER of Section 190(3) of the Bankruptcy Act 1966 B E T W E E N: DIANA DENISE NEWMAN AS CONTROLLING TRUSTEE OF EDWARD ALEXANDER LITTLEJOHN AND JENNIFER LILLIAN LITTLEJOHN Applicant and EDWARD ALEXANDER LITTLEJOHN AND JENNIFER LILLIAN LITTLEJOHN Respondents CORAM: CARR J. PLACE: PERTH DATE: 5 JULY 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application for interlocutory relief be dismissed 2. As between the applicant and the respondents there be no order as to the costs of that application. 3. The applicant have liberty to apply for an order that her costs be paid out of the respondents' estate or either of the respondents' estates. 4. Any party have liberty to apply on two days written notice to the other. 5. The principal application be adjourned sine die. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.