Re Peter Alexander Gargan; Ex parte Peter Alexander Gargan v The Official Trustee in Bankruptcy [1995] FCA 663

CATCHWORDS BANKRUPTCY - bankrupt seeking direction that causes of action vested in the trustee in bankruptcy be assigned to him - failure by bankrupt to present arguable case that causes of action have some prospect of success - no direction given BANKRUPTCY - the deemed abandonment of an action pursuant to s 60(3) the Bankruptcy Act no bar to a fresh action being instituted by the trustee BANKRUPTCY - entitlement to apply for extension of time within which to appeal money judgment against bankrupt prior to bankruptcy "property" within ss 116, 134 and 135 the Bankruptcy Act CONTRACT - bankrupt prior to bankruptcy entered into a contract for the sale and subdivision of rural property - contract void by statute - no cause of action for damages on that contract maintainable Bankruptcy Act 1966 (Cth) - ss 5(1), 58, 60, 116, 134, 135, 178, 179 Irrigation Acts 1922 (as amended) (Qld) - s 31A Land Sales Act 1984 (Qld) - ss 8, 19 Rules of the Supreme Court of Queensland - O 70 r 4 Water Resources Act 1989 (Qld) - s 1.3(2)(b) Cudgen Rutile (No 2) Pty Ltd v Chalk [1975] AC 520 Referred to Fuller v Beach Petroleum NL (1993) 43 FCR 60 Applied Re Kwok; Ex parte Rummel (1981) 61 FLR 336 Followed Ramsey v Hartley [1977] 2 All ER 673 Followed San Sebastian Pty Ltd v The Minister (1986) 162 CLR 340 Referred to Stein v Blake [1995] 2 WLR 710 Followed Re Summerhayes; Ex parte Official Assignee (1890) 1 BC(NSW) 24 Followed Theissbacher v MacGregor Garrick & Co [1993] 2 QdR 223 Not followed Travinto Nominees Pty Limited v Vlattas (1973) 129 CLR 1 Applied Re Peter Alexander Gargan; Ex parte Peter Alexander Gargan v The Official Trustee in Bankruptcy QB 697 of 1993 Drummond J Brisbane 18 August, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) No. QB 697 of 1993 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: PETER ALEXANDER GARGAN EX PARTE:PETER ALEXANDER GARGAN Applicant THE OFFICIAL TRUSTEE IN BANKRUPTCY Respondent MINUTES OF ORDER JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 18 August, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The application insofar as it seeks the relief in paragraph 1 is dismissed. 2. The application insofar as it seeks the relief in paragraphs 2 and 3 is adjourned to the District Registrar. 3. The costs of the application be reserved. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.