Federal Court of Australia
CATCHWORDS BANKRUPTCY - Annulment of bankruptcy - whether trustee should be satisfied that all the bankrupt's debts have been paid in full -trustee entitled not to be satisfied that all of the bankrupt's debts have been paid in full until satisfied that proofs have been lodged in relation to all provable debts and a decision has been made on those proofs - words and phrases "act, omission or decision of the trustee" for purposes of s.178 of Bankruptcy Act 1966 - "act or omission" is wider than "decision" - trustee's responses to request by the bankrupt may constitute an "act". Bankruptcy Act 1966 (Cth) ss.153A, 178. Oates v Commissioner of Taxation (1990) 27 FCR 289 Re Tyndall (1977) 30 FLR 6 McGoldrick v Official Trustee in Bankruptcy (1993) 47 FCR 547 Re Dingle; Westpac Banking Corporation v Worrell (1993) 47 FCR 478 Re Coyle (1993) 42 FCR 72 Storey v Lane (1981) 147 CLR 549 RE: DOUGLAS WONG; DOUGLAS WONG v MAX CHRISTOPHER DONNELLY & ORS NB 2901 of 1994 Sackville J. Sydney 18 August, 1995
IN THE FEDERAL COURT OF AUSTRALIA) BANKRUPTCY DIVISION ) No. NB 2901 of 1994 BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES ) RE: DOUGLAS WONG Bankrupt EX PARTE: DOUGLAS WONG Applicant AND: MAX CHRISTOPHER DONNELLY First Respondent AND: BABSARI PTY LIMITED Second Respondent AND: RAYMOND YEE PING TSUI Third Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 18 AUGUST, 1995 THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the first, second and third respondents. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) BANKRUPTCY DIVISION ) No. NB 2901 of 1994 BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES ) RE: DOUGLAS WONG Bankrupt EX PARTE: DOUGLAS WONG Applicant AND: MAX CHRISTOPHER DONNELLY First Respondent AND: BABSARI PTY LIMITED Second Respondent AND: RAYMOND YEE PING TSUI Third Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 18 AUGUST, 1995 REASONS FOR JUDGMENT Nature of the Proceedings The applicant is a bankrupt. A sequestration order was made against his estate on 16 December 1994, on the application of NZI Capital Corporation Ltd ("NZI"). The first respondent, Mr M.C. Donnelly ("the Trustee"), was appointed trustee of the bankrupt's estate pursuant to the sequestration order. The bankrupt now applies for relief arising out of what is said to be the foreshadowed refusal of the Trustee to issue a
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