Re Haskins, David & Anor Haskins, David & Anor The Official Trustee in Bankruptcy [1996] FCA 242

CATCHWORDS BANKRUPTCY - Trustee's refusal to continue with litigation instituted by bankrupt - Review by Court - Trustee to furnish bankrupt with information reasonably required concerning bankrupt's property or affairs - Whether entitles bankrupt to require production of trustee's complete file. ARBITRATION (VICT.) - Award - Appeal to Supreme Court on question of law - Leave required - Principles applicable - Refusal of leave - Leave of judge required to appeal from refusal - Principles applicable. Bankruptcy Act 1966, ss.170(2), 178 Commercial Arbitration Act 1984 (Vict), s.38 Re Tyndall (1977) 30 FLR 6 Re Stelnicki (1982) 62 FLR 430 Re Wheeler (1994) 54 FCR 166 Gray v. Clout (1990) 27 FCR 141 The Antaios [1985] AC 191 The Nema [1982] AC 724 DAVID HASKINS and CONNIE CASSAR v THE OFFICIAL TRUSTEE IN BANKRUPTCY (As Trustee of the Bankrupt estate of David Haskins and Connie Cassar) VB 35 of 1996 COURT: Sundberg J PLACE: Melbourne DATE: 10 April 1996

IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) No. VB 35 of 1996 BANKRUPTCY DISTRICT ) OF THE STATE OF VICTORIA )

RE: DAVID HASKINS and CONNIE CASSAR The Bankrupts DAVID HASKINS and CONNIE CASSAR Applicants AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY (As Trustee of the Bankrupt estate of David Haskins and Connie Cassar) Respondent COURT: Sundberg J DATE: 10 April 1996 PLACE: Melbourne MINUTES OF ORDER The Court orders that the application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) No. VB 35 of 1996 BANKRUPTCY DISTRICT ) OF THE STATE OF VICTORIA ) RE: DAVID HASKINS and CONNIE CASSAR The Bankrupts DAVID HASKINS and CONNIE CASSAR Applicants

AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY (As Trustee of the Bankrupt estate of David Haskins and Connie Cassar) Respondent