Clark, Timothy Marcus v Wood, Alexander Jamie (In his Capacity as Deputy District Registrar of the Federal Court of Australia) & Anor [1997] FCA 999

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - whether a ruling under s 81(10) of the Bankruptcy Act 1966 is reviewable under the Administrative Decisions (Judicial Review) Act 1977 - in what circumstance will relief be granted. Bankruptcy Act 1966 (Cth) ss 81(1), (10), (11) Administrative Decisions (Judicial Review) Act 1977 ss 3(1), 5, 16 In re Cronmire; Ex parte Cronmire [1894] 2 QB 246 Burns v Australian National University (1982) 40 ALR 707 Huston v Costigan (1982) 45 ALR 559 Australian Broadcasting Tribunal v Bond (1991) 170 CLR 321 applied In re North Australian Territory Company (1890) 45 Ch D 87 discussed Re Hodder; Ex parte Cougle (1965) 7 FLR 436 In re Pennington, Ex parte Pennington 5 Mor. 268 Salerno v National Crime Authority & Ors (1997) 144 ALR 709 applied Re Andrews 18 ABC 181 Re Anderson Ex parte Official Receiver 10 ABC 284 Hamilton v Oades (1988-1989) 166 CLR 486 Lamb v Moss (1989) ALR 533 applied Fares Rural Meat and Livestock Pty Ltd v Australian Meat and Livestock Corporation (1990) 96 ALR 153 TIMOTHY MARCUS CLARK v ALEXANDER JAMIE WOOD (In his capacity as Deputy District Registrar of the Federal Court of Australia) and OFFICIAL TRUSTEE IN BANKRUPTCY VG 89 of 1997 FINKELSTEIN J MELBOURNE 19 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 89 of 1997

BETWEEN: TIMOTHY MARCUS CLARK

Applicant

AND: ALEXANDER JAMIE WOOD (in his

capacity as Deputy District Registrar

of the Federal Court of Australia) and

OFFICIAL TRUSTEE IN BANKRUPTCY

Respondents

JUDGE: FINKELSTEIN J.

DATE OF ORDER: 19 SEPTEMBER 1997

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The application for review be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.