Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dick as Trustee in Bankruptcy v McIntosh [2001] FCA 1008
BANKRUPTCY – application to Court to act in aid of a United Kingdom bankruptcy – power to act – relevant principles Bankruptcy Act 1966 s 29 Sykes & Co v Lagos Colonial Secretary and Davies [1891] AC 480 (PC) cited Re Ayres, Ex parte Evans (1981) 51 FLR 395 applied Ayres v Evans (1981) 56 FLR 235 (FC) applied Radich v Bank of New Zealand (1993) 45 FCR 101 (FC) applied Re a Debtor; ex parte Viscount of Royal Court of Jersey [1981] 1 Ch 384 cited ANDREW DICK AS TRUSTEE OF THE PROPERTY OF ANN CAPPER McINTOSH (A BANKRUPT) v ANN CAPPER McINTOSH (A BANKRUPT) Q7305 OF 2001 COOPER J BRISBANE 31 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 7305 OF 2001
BETWEEN: ANDREW DICK AS TRUSTEE OF THE PROPERTY OF ANN CAPPER McINTOSH (A BANKRUPT)
APPLICANT
AND: ANN CAPPER McINTOSH (A BANKRUPT)
RESPONDENT
JUDGE: COOPER J
DATE OF ORDER: 31 JULY 2001
WHERE MADE: BRISBANE
Subject to the following undertakings to the Court being given by the applicant himself, or by his counsel that: (a) All money or other property received by the applicant as trustee in bankruptcy of the property of the bankrupt under or pursuant to these orders shall be applied by him in due course of administration of the bankruptcy in England. (b) Any matters in controversy in connection with the bankruptcy between the applicant and Gregory Michael Moloney as receiver of the respondent's property in Australia and persons resident in Australia shall be determined by this Court. (c) The applicant submits to the jurisdiction of this Court in all such matters as aforesaid and abides by any order the Court may make subject to appeal; and (d) The applicant shall appoint a solicitor or firm of solicitors in this country to accept service on his behalf of any proceedings brought by Gregory Michael Moloney, as receiver, or by persons resident in Australia in connection with the said bankruptcy as aforesaid.
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