Nguyen v Pattison [2005] FCA 650

FEDERAL COURT OF AUSTRALIA

Nguyen v Pattison [2005] FCA 650

BANKRUPTCY – Decision by trustee not to withdraw notice of opposition to discharge from bankruptcy – Application by bankrupt to Federal Magistrates Court to review decision under s 178 of Bankruptcy Act 1966 (Cth) – Whether Federal Magistrate precluded by s 149N(1B) from taking notice of remedial steps taken by bankrupt prior to hearing – Nature of supervisory jurisdiction under s 178 – Whether irrelevant considerations taken into account – Whether rejection of application under s 178 gives rise to issue estoppel or res judicata

Bankruptcy Act 1966 (Cth) s 149J Federal Court of Australia Act 1976 (Cth) s 25(1A) Nguyen v Pattison [2004] FMCA 517 affirmed Macchia v Nilant (2001) 110 FCR 101 referred to Thomas v Donnelly (No. 2) [1997] FCA 1142 referred to Re Ansett (1995) 56 FCR 526 discussed Inspector-General in Bankruptcy v Nelson (1998) 86 FCR 67 discussed Wharton v Official Receiver in Bankruptcy (2001) 107 FCR 28 discussed Pollack v Lombe [2004] FCA 362 referred to Re Tyndall (1977) 17 ALR 182 at 186 referred to Bethune v Newman (1996) 19 ACSR 99 at 102 referred to House v The Queen (1936) 55 CLR 499 referred to Rawson v Hobbes (1961) 107 CLR 466 at 485 cited Administration of Papua and New Guinea v Daera Guba (1973) 130 CLR 353 at 453 referred to Department of Aviation v Ansett Transport Industries Ltd (1987) 72 ALR 188 referred to Cachia v Isaac (1985) 3 NSWLR 366 referred to Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 459 referred to Commissioner for Corporate Affairs v Harvey [1980] VR 669 discussed

THAN SON NGUYEN v PAUL ANTHONY PATTISON (trustee of the Bankrupt Estate of THAN SON NGUYEN) VID1123 of 2004 WEINBERG J 24 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID1123 OF 2004