Wylie (Trustee), in the matter of Fuller v Fuller [2000] FCA 1512

FEDERAL COURT OF AUSTRALIA

Wily (as Trustee of the Bankrupt Estate of Fuller) v Fuller [2000] FCA 1512 TRUSTS – Discretionary trust in the Channel Islands resettled on other discretionary trust located in Channel Islands – beneficiaries of trust charitable organisations – actions of trustee corresponded with "wishes" of respondent – whether "in reality" trust was bare trust with respondent as sole beneficiary and so available to trustee in bankruptcy as asset in the respondent's bankrupt estate – whether trustee of Channel Islands trust a necessary party to proceedings brought by trustee in bankruptcy claiming that debt owed by third party to Channel Islands trust was an asset of the respondent's bankrupt estate. PRACTICE AND PROCEDURE – parties – application to be dismissed as a party to proceedings – no remedy sought against respondent – respondent throughout interlocutory proceedings had not applied to be dismissed as a party to proceedings – alleged motivation for respondent's application being to prevent transcript of his examination under s 81 of the Bankruptcy Act 1966 (Cth) being adduced as evidence – whether respondent should be dismissed as a party

Bankruptcy Act 1966 (Cth) ss 81, 121

Sharpe v San Paulo Railway Co (1873) LR 8 Ch App 597 considered Ramage v Waclaw [1988] 12 NSWLR 84 referred to Colonial Mutual Life Assurance Society Ltd v Donnelly (1998) 82 FCR 418 discussed News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 referred to Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 18 FCR 449 cited

HUGH JENNER WILY as Trustee of the Bankrupt Estate of MICHAEL JOHN FULLER AND M J FULLER SERVICES PTY LIMITED (In Liquidation) v

LAIMA ANN FULLER

LYNN WILKINSON and NORA WILKINSON

MICHAEL JOHN FULLER

NG 7049 of 1996 HILL J 27 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA