Lawrence, Edward v Morton, Robert William [1997] FCA 1390

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - Deed of Arrangement - Construction of the provisions of the Deed - Application for declaration that the Applicant discharged from all provable debts owed by him - whether Applicant discharged and released in accordance with the provisions of the Deed on payment of final instalment BANKRUPTCY - Trustee - application made during hearing to review Trustee's decision to call meeting of unsecured creditors to terminate Deed - Delegated powers of Judicial Registrars of Federal Court of Australia - whether delegated powers include power to judicially review decision of Trustee under s 178 of the Bankruptcy Act 1966 (Cth) - whether proceeding for judicial review of Trustee's decision a proceeding for an order in the nature of a prerogative writ Bankruptcy Act 1966 (Cth) ss 109(1)(a), 167(1), 170(2), 178, 179, 188, 235(b), 237A Bankruptcy Regulations reg 8.09 Federal Court of Australia Act 1976 (Cth) par 18AB(1A)(b) Administrative Decisions (Judicial Review) Act 1977 (Cth) Administrative Appeals Tribunal Act 1975 (Cth)

Watson v Healey (1996) 64 FCR 301 not followed Cheesman v Waters (1997) 143 ALR 78 applied Cheesman v Waters (1997) 148 ALR 21 applied Re Tyndall; Ex parte Bankrupt (1977) 30 FLR 8 applied Re Wheeler; Ex parte Wheeler v Halse (1994) 54 FCR 166 applied EDWARD LAWRENCE v ROBERT WILLIAM MORTON VG 7555 of 1997 MILLANE JR MELBOURNE 9 DECEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7555 of 1997

BETWEEN: EDWARD LAWRENCE

Applicant

AND: ROBERT WILLIAM MORTON

Respondent

JUDicial registrar: MILLANE JR

DATE OF ORDER: 9 DECEMBER 1997

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. AND THE COURT FURTHER ORDERS THAT: 2. The applicant pay the respondent's taxed costs of this application on the Federal Court scale. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.