Re Shields, Geoffrey Neil Keith & Anor, Ex Parte the Official Receiver in Bankruptcy & Ors [1995] FCA 997

CATCHWORDS BANKRUPTCY: - Powers and duties of trustee - right to enter property for the purpose of taking possession and attaching property - whether trustee may only enter property pursuant to a warrant issued under s 130 Bankruptcy Act - whether trustee may enter property with consent of the bankrupt - meaning of 'consent' - trustee's title to real property - when title vests in equity - when title vests at law - power to seize property of bankrupt - whether power must be exercised in accordance with the United Nations Convention on the Rights of the Child PROPERTY OF BANKRUPT- whether property divisible amongst creditor's - whether vehicle used primarily as a means of transport within the meaning of s 116(2)(ca) Bankruptcy Act - whether aggregate value of the vehicle is more than prescribed amount - meaning of 'aggregate value' - whether cost of sale should be deducted ACCESS TO BOOKS AND RECORDS - whether s77A notice should be set aside - notice issued following s 81 examination - whether irregularities in s 81 examination are grounds for setting aside s77A notice. Bankruptcy Act 1966 (Cth): s 5, s 13, s 15, s 18, s 19, s19AA, s 55, s 56, s 58, s 77, s 77A, s 77C, s 81, s116, s 129, s 130, s 135(1), s 156A, s 160 Bankruptcy Rules 1966 (Cth): r 135, r 178 Real Property Act 1900 (NSW) s 90, s 124 Minister for Immigration and Ethnic Affairs v Teoh (1995) 128 ALR 353 Coco v The Queen (1994) 179 CLR 427 Entick v Carrington 2 Wils 275; 95 ER 807 Re Bayliss; Ex parte Hadotone Pty Limited & Ors v Official Trustee in Bankruptcy (1987) 15 FCR 91 Crowley v Murphy (1981) 52 FLR 123 Re Ditfort; Ex Parte Deputy Commissioner of Taxation (NSW) (1988) 83 ALR 265 Sheahan v Joye (Unreported, Branson J, 1 June 1995) RE: GEOFFREY NEIL KEITH SHIELDS & ANOR, EX PARTE THE OFFICIAL RECEIVER IN BANKRUPTCY; ISAAC JOHN MACKAY SHIELDS & ORS v THE OFFICIAL RECEIVER IN BANKRUPTCY & ANOR No. NB209 of 1992 Beazley J 7 December 1995 Sydney