Keogh, Allan Andrew v Director of Public Prosecutions for the State of New South Wales [1995] FCA 983

CATCHWORDS

BANKRUPTCY - power under s. 60 of the Bankruptcy Act to stay criminal process against the debtor in respect of the non-payment of a provable debt - condition of bond that compensation be paid - nature and purpose of Court's power - weight of discretion placed on bankruptcy and inability to pay - analysis of decisions - whether an exercise of the discretion would promote a "rogues' charter" - discussion of appropriate form of order. Bankruptcy Act 1966, s. 60 Storey v Lane (1981) 147 CLR 549 Tarea Management (North Shore) Pty Limited (In liquidation) v Glass (1991) 28 FCR 93 Re Lattouf (1994) 52 FCR 147 Re Sutherland-Cropper (1985) 11 FCR 156 Re Lenske; Ex parte Lenske (1986) 9 FCR 532 RE: THE BANKRUPT ESTATE OF ALLAN ANDREW KEOGH; EX PARTE: ALLAN ANDREW KEOGH v DIRECTOR OF PUBLIC PROSECUTIONS FOR THE STATE OF NEW SOUTH WALES NB 947 of 1992 Burchett J. Sydney 5 December 1995

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) NB 947 of 1992 OF NEW SOUTH WALES ) RE: THE BANKRUPT ESTATE OF ALLAN ANDREW KEOGH EX PARTE: ALLAN ANDREW KEOGH Applicant AND: DIRECTOR OF PUBLIC PROSECUTIONS FOR THE STATE OF NEW SOUTH WALES Respondent

CORAM: Burchett J. PLACE: Sydney DATE : 5 December 1995 ORDER OF THE COURT THE COURT ORDERS THAT the Applicant bring in, on a date to be fixed, short minutes of orders appropriate to reflect the reasons of the Court. NOTE: Settlement and entry of Orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) NB 947 of 1992 OF NEW SOUTH WALES )

RE: THE BANKRUPT ESTATE OF ALLAN ANDREW KEOGH EX PARTE: ALLAN ANDREW KEOGH Applicant AND: DIRECTOR OF PUBLIC PROSECUTIONS FOR THE STATE OF NEW SOUTH WALES Respondent