Tatt, Harold Charles v The New South Wales Director of Public Prosecutions [1998] FCA 957

FEDERAL COURT OF AUSTRALIA Bankruptcy – bankrupt required to pay compensation as condition of recognisance – bankrupt failed to pay – application for stay of criminal proceedings – discretion to stay proceedings in respect of non-payment of a debt – whether to exercise discretion – whether bankrupt deliberately misled District Court as to his financial situation. Bankruptcy Act 1966, s 60(1) Storey v Lane (1981) 147 CLR 549, considered Re Sutherland-Cropper (1985) 11 FCR 156, considered Lenske; Ex parte Lenske (1986) 9 FCR 532, considered Keogh; Ex parte Keogh v DPP (1995) 61 FCR 591), considered Lattouf (1994) 52 FCR 147, considered Noel Michael Lattouf; Ex parte New South Wales Director of Public Prosecutions v Lattouf, Sackville J, 20 September 1995, (unreported), considered

HAROLD CHARLES TATT V THE NEW SOUTH WALES DIRECTOR OF PUBLIC PROSECUTIONS NG 7353 of 1998

JUDGE: BEAUMONT J.

PLACE: SYDNEY DATE: 12 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7353 of 1998

BETWEEN: HAROLD CHARLES TATT

Applicant

AND: THE NEW SOUTH WALES DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

JUDGE: BEAUMONT

DATE OF ORDER: 12 AUGUST 1998

WHERE MADE: SYDNEY

ORDERS: 1. The proceedings in the District Court the subject of the notice of listing for call-up dated 9 February 1998 be stayed so far as such proceedings are based upon a breach of the condition of the recognisance entered into by the bankrupt on 11 April 1996 that he pay compensation to Keltari Pty Ltd (trading as Truck Art). 2. Reserve liberty to the applicant to apply for further relief on such notice, if any, as a judge may allow. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA