Dick v McIntosh [2002] FCA 1135

FEDERAL COURT OF AUSTRALIA

Dick v McIntosh [2002] FCA 1135 BANKRUPTCY - Respondent declared bankrupt in High Court of Justice of United Kingdom - bankrupt with assets in Australia - application to Court to act in aid of a United Kingdom bankruptcy - whether examination and investigation to identify property of the bankrupt should be permitted. Bankruptcy Act 1966 (Cth), s 29, s 81, s 116

Radich v Bank of New Zealand (1993) 45 FCR 101 Appl Ayres; Ex parte Evans (1981) 51 FLR 395 Cited Galbraith v Grimshaw [1910] AC 508 (HL) Cited Re Doyle; Ex parte Brien v Doyle (1993) 41 FCR 40 Cited Australian Mutual Provident Society v Gregory (1908) 5 CLR 615 Cited ANDREW DICK AS TRUSTEE OF THE PROPERTY OF ANN CAPPER McINTOSH (A BANKRUPT) v ANN CAPPER McINTOSH (A BANKRUPT) Q7305 OF 2000 COOPER J BRISBANE 13 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q7305 OF 2000

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: 13 SEPTEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The order of the Court made on 31 July 2001 appointing Gregory Michael Moloney Receiver without security of the divisible property of Ann Capper McIntosh in Australia be amended to insert after the words "Bankruptcy Act 1966 (Cth)" the following words: "... and ascertained by reference to the commencement of her bankruptcy in the United Kingdom on 26 April 1999, ...". 2. The District Registrar of the Queensland District of the Court pursuant to s 81 of the Bankruptcy Act 1966 (Cth) summon Ann Capper McIntosh to attend for examination on oath under s 81 of the said Act before the District Registrar or a Deputy District Registrar about her examinable affairs (as defined in s 5 of the said Act) and that she bring with her to such examination for production thereat such books as are within her possession or control which relate to her said examinable affairs. 3. The applicant may be represented at such examination of Ann Capper McIntosh about her examinable affairs by Gregory Michael Moloney, the Receiver of the divisible property of Ann Capper McIntosh situate within Australia and by counsel and/or by solicitor, and, subject to s 81(10) and (11) of the Bankruptcy Act 1966 (Cth), the applicant, by Gregory Michael Moloney and by counsel and/or solicitor, conduct the examination of the said Ann Capper McIntosh. 4. The applicant and the respondent be at liberty to apply to this Court on seven days notice, such notice to include drafts of any orders sought together with any affidavit material to be relied upon to support the granting of such orders, for any ancillary or consequential orders or directions in this matter as may be necessary. 5. The respondent pay the applicant's costs of and incidental to the further application, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.