Yan, Mei Mei (aka Quinnie Wong) v Deputy Commissioner of Taxation [1998] FCA 1053

federal court of australia

BANKRUPTCY – application for adjournment of the hearing of a petition based on the debt – whether prejudicial to make sequestration order when proceedings in the AAT and criminal proceedings still on foot – evidence that funds possibly belonging to the debtor have been removed from Australia – whether adjournment would be prejudicial to the creditor – whether "any matter of bankruptcy" in s 29(4) includes matters arising under s 50 – a court of a country other than Australia may be required to act in aid of a trustee in control of debtor's estate under s 50.

Bankruptcy Act 1966 (Cth) ss 29(4), 50, 77E, 81A

MEI MEI YAN (aka QUINNIE WONG) v DEPUTY COMMISSIONER OF TAXATION

NG 7468/97

EMMETT J

SYDNEY

27 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7468 of 1997

rE: MEI MEI YAN (aka QUINNIE WONG)

Debtor

ex parte: DEPUTY COMMISSIONER OF TAXATION

Petitioner

JUDGE: EMMETT J

DATE: 27 july 1998

PLACE: SYDNEY

THE COURT ORDERS THAT:

1. The petition be stood over to Friday 16 April 1999. 2. Pursuant to section 50(1)(b) of the Bankruptcy Act 1966 (Cth) the debtor execute such instruments and generally do all such acts and things in relation to her property and its realisation as are required by the trustee (provided that any such instruments do not tend to incriminate her). 3. Pursuant to section 50(1)(b) of the Bankruptcy Act the provisions of section 81A of the Bankruptcy Act apply to the affairs of the debtor as if she were a bankrupt. 4. Pursuant to subsection 50(2) of the Bankruptcy Act the debtor be summoned for examination at a time and place appointed by the Registrar after consultation with the parties.

THE COURT DIRECTS THAT: 5. Both parties approach the Administrative Appeals Tribunal with a view to setting a date for the hearing of the debtor's taxation appeals in March 1999.