Official Trustee in Bankruptcy (Trustee of the bankrupt estate of George Stephen Greer) v Greer [2001] FCA 1604

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy (Trustee of the bankrupt estate of George Stephen Greer) v Greer [2001] FCA 1604

EVIDENCE – whether evidence which would not ordinarily be admissible should be admitted in the absence of the respondent Bankruptcy Act 1966 (Cth) s 58(1), s 77C(1)(a) Criminal Assets Recovery Act 1990 (Cth) s 23(1) Federal Court Rules Order 38 rule 3

Spencer v VMD Packaging Pty Ltd [2001] NSWCA 118 distinguished Greer (aka Duffy) Re; Deputy Federal Commissioner of Taxation (1998) 39 ATR 331 referred to OFFICIAL TRUSTEE IN BANKRUPTCY (AS TRUSTEE OF THE BANKRUPT ESTATE OF GEORGE STEPHEN GREER) v GEORGE STEPHEN GREER AND PUBLIC TRUSTEE N 7979 OF 2000 HELY J 16 NOVEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7979 OF 2000

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPLICANT

AND: GEORGE STEPHEN GREER

FIRST RESPONDENT

PUBLIC TRUSTEE

SECOND RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 16 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. Immediately prior to the sequestration order being made against the first respondent: (a) the name John Duffy shown as the registered proprietor of land described in Lot 30 in Deposited Plan 239449 (formerly Volume 11523 Folio 106) known as 5 Blackwood Close, Beecroft was an alias of the first respondent; and (b) the first respondent was the legal and beneficial owner of the Beecroft property. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7979 OF 2000

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPLICANT

AND: GEORGE STEPHEN GREER

FIRST RESPONDENT