Re Quinn, Geoffrey Frank Michael Ex Parte Quinn, Geoffrey Frank Michael Official Trustee In Bankruptcy [1995] FCA 1045

CATCHWORDS BANKRUPTCY - s73(2) Bankruptcy Act 1966 ("the Act") - whether s73 applies to a discharged bankrupt - whether person continues to be described as "bankrupt" for all times after a sequestration order notwithstanding discharge - Full Court decision of Official Receiver in Bankruptcy v Todd (1986) discussed - s73 compared with s81 of the Act - whether necessary for s73 to apply to discharged bankrupt for purposes of effective administration - legislative history of s81 discussed - whether s73 imposes a duty on a trustee - whether efficient administration a consideration for s73 - whether Todd's case leads to the view that "bankrupt" wherever appearing in the Act always includes reference to an undischarged bankrupt - effect of 1992 amendments discussed - whether s73(4) refers to a person with current status of a "bankrupt" - whether any special considerations inherent to make it appropriate for "bankrupt" to refer to undischarged bankrupt in s73. Bankruptcy Act 1966 (Cth) ss73(1), 73(2), 73(4), 73(5), 5(1) 43(2), 74(5), 152, 153(1), 81. Official Receiver in Bankruptcy v Todd (1986) 70 ALR 119 Re Gaskell [1904] 2 KB 478 RE: GEOFFREY FRANK MICHAEL QUINN EX PARTE:GEOFFREY FRANK MICHAEL QUINN OFFICIAL TRUSTEE IN BANKRUPTCY No NB 1666/90 Tamberlin J Sydney 22 December 1995

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION )No. NB 1666/90 BANKRUPTCY DISTRICT ) OF THE STATE OF NEW SOUTH WALES RE: GEOFFREY FRANK MICHAEL QUINN EX PARTE: GEOFFREY FRANK MICHAEL QUINN Applicant OFFICIAL TRUSTEE IN BANKRUPTCY Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 22 DECEMBER 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's cost of the application. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.