Re Duckworth, Neil James Ex Parte Official Trustee in Bankruptcy [1995] FCA 840

CATCHWORDS BANKRUPTCY - application for directions - matter arising in connection with the administration of estate - claim for repayment - whether appropriate for directions Bankruptcy Act 1966 s134(4) Re: Driller (1972) 21 FLR 159 RE: NEIL JAMES DUCKWORTH; EX PARTE OFFICIAL TRUSTEE IN BANKRUPTCY NO WAG 1465 OF 1993 R D NICHOLSON J PERTH 20 OCTOBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) LIMITED DISTRIBUTION WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO WAG 1465 OF 1993 B E T W E E N: RE: NEIL JAMES DUCKWORTH EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Applicant and NEIL JAMES DUCKWORTH Respondent MINUTE OF ORDER JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 20 OCTOBER 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: The application dated 21 August 1995 be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) LIMITED DISTRIBUTION WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO WAG 1465 OF 1993 B E T W E E N: RE: NEIL JAMES DUCKWORTH EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Applicant and NEIL JAMES DUCKWORTH Respondent CORAM: R D NICHOLSON J DATE: 20 OCTOBER 1995 PLACE: PERTH REASONS FOR JUDGMENT R D NICHOLSON J: This is an application made pursuant to s134(4) of the Bankruptcy Act 1966 ("the Act") which provides that "the trustee may at any time apply to the Court for directions in respect of a matter arising in connexion with the administration of the estate". The matter in respect of which the applicant seeks directions is: "Whether the Applicant should return to Norwich the remaining balance of the sum of $26,014.00 received by the applicant from Norwich on 10 June 1995."