Willoughby v Official Trustee in Bankruptcy (WA) [1999] FCA 1715

FEDERAL COURT OF AUSTRALIA

Willoughby v The Official Trustee in Bankruptcy (W.A.)

[1999] FCA 1715

BANKRUPTCY – appeal to Court against Trustee's decision to transfer rights of action – whether Court competent to review such act or decision.

BANKRUPTCY – annulment on payment of debts – absence of pre-conditions for annulment by Court - whether conditions satisfied for annulment by force of statute.

Bankruptcy Act 1966 (Cth) ss 58, 153A, 153B, 178

Trade Practices Act 1974 (Cth)

Bankruptcy Act 1914 (4 & 5 Geo. V; Ch 59) s 80

In Re Chirnside, Digby v Union Trustee Co of Australia Ltd [1929] VLR 217applied

Daemar v Industrial Commission of NSW and Another (No 2) (1990) 99 ALR 789 cited

Australian Bankruptcy Law & Practice, 5th ed. 1996 at par 178.0.20

BERYL FRANCES WILLOUGHBY, JOHN FRANCIS WILLOUGHBY and

MICHAEL STEPHEN WILLOUGHBY v THE OFFICIAL TRUSTEE IN BANKRUPTCY (W.A.) and LAW COVER PTY LTD

W 7078 of 1999

R D NICHOLSON J

10 DECEMBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W7078 of 1999

BETWEEN: BERYL FRANCES WILLOUGHBY

JOHN FRANCIS WILLOUGHBY

MICHAEL STEPHEN WILLOUGHBY

Applicants

AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY (W.A.)

First Respondent

LAW COVER PTY LTD

(ACN 003 326 618)

Second Respondent

JUDGE: R D NICHOLSON J

DATE: 10 DECEMBER 1999

PLACE: PERTH

THE COURT ORDERS THAT:

1. The applicants' application for review be dismissed. 2. The applicants pay the cost of the respondents on their claim for annulment of their bankruptcies only.