Wilson v Official Trustee in Bankruptcy [2000] FCA 1251

FEDERAL COURT OF AUSTRALIA

Wilson, in the matter of Wilson v Official Trustee in Bankruptcy [2000] FCA 1251 BANKRUPTCY – whether trustee in bankruptcy under duty to initiate criminal prosecution in respect of false or misleading statements made in a proof of debt and an affidavit of debt – whether trustee under duty to inform bankrupts of inquiry by creditor as to possibility of withdrawing a proof of debt – role of the trustee in proceedings by a bankrupt or creditor pursuant to s 99 of the Bankruptcy Act 1966 (Cth) – remuneration of the trustee – whether fees to be determined in accordance with scale in force at time work done or at time of completion of administration

Bankruptcy Act 1966 (Cth) ss 53, 84, 99, 102, 104, 110, 163, 178, 263A, 263B

Bankruptcy Rules 1966 (Cth) rr 179, 182 Bankruptcy Regulations 1996 (Cth) reg 1607 Re PT Garuda Indonesia Ltd; Ex parte Grellman (1994) 120 ALR 641 referred to Wilson v Official Trustee in Bankruptcy [2000] FCA 282; (2000) 97 FCR 196; (2000) 170 ALR 430 referred to Re Barry (1930) 2 ABC 85 cited Re Gill; Ex parte Official Receiver (1964) 6 FLR 273 cited Williams v Official Trustee in Bankruptcy (1994) 122 ALR 585 referred to Adsett v Berlouis (1992) 37 FCR 201 applied Re Athanassopoulos (1982) 41 ALR 603 followed IN THE MATTER OF THE BANKRUPT ESTATES OF ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS v OFFICIAL TRUSTEE IN BANKRUPTCY N 7237 OF 2000 EMMETT J 21 & 22 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7237 OF 2000

IN THE MATTER OF THE BANKRUPT ESTATES OF

ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS

BETWEEN: ERNEST ARTHUR WILSON (Deceased)

FIRST APPLICANT

PATRICIA LORRAINE WILLIAMS

SECOND APPLICANT