Pascoe; in the matter of Hudson [2005] FCA 1421

FEDERAL COURT OF AUSTRALIA

Pascoe; in the matter of Hudson [2005] FCA 1421 BANKRUPTCY – letter of request issued by the Federal Court to the High Court of New Zealand requesting it to act in aid and be auxiliary to the Federal Court in a 'matter of bankruptcy' – Bankruptcy Act 1966 (Cth) s 29(4) –bankrupt's mother died in New Zealand –distribution made by executor of her will from her estate to bankrupt – trustee in bankruptcy wishing to trace the money distributed to bankrupt – whether notice of application should be given to bankrupt – limited form of order at this stage – conditions protective of bankrupt included in order.

Bankruptcy Act 1966 (Cth) s 29(4)

Ayres v Evans (1981) 56 FLR 235 cited Official Trustee in Bankruptcy; in the matter of Lyons (2000) 104 FCR 486 cited IN THE MATTER OF PETER GEORGE HUDSON, a bankrupt

SCOTT DARREN PASCOE

as Trustee of the Property of Peter George Hudson

NSD 1817 OF 2005 LINDGREN J 27 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1817 OF 2005

IN THE MATTER OF PETER GEORGE HUDSON, a bankrupt

SCOTT DARREN PASCOE as Trustee of the property

of Peter George Hudson, a bankrupt

APPLICANT

JUDGE: LINDGREN J

DATE OF ORDER: 27 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant ('the Trustee') be granted leave to file in Court his application and two affidavits sworn 26 and 27 September 2005. 2. A letter of request, in the form annexed, issue to the High Court of New Zealand under s 29(4) of the Bankruptcy Act 1966 (Cth), requesting it to act in aid of and be auxiliary to the Federal Court of Australia. 3. If, as a result of the issue of the letter of request and any further letter of request, any part of the sum of NZD92,946.90 referred to in the letter of request, or of any assets representing any part of it, should be recovered by the Trustee, the Trustee not distribute or part with such part of that sum or of those assets, until: (a) Peter George Hudson (the Bankrupt) has been served with a sealed copy of these orders and a copy of the accompanying reasons for judgment; and (b) any application by the Bankrupt for a variation or setting aside of the orders, made by notice of motion filed and served within 14 days after such service of the sealed copy of the orders and copy of the reasons upon the Bankrupt, has been heard and determined. 4. The Trustee have liberty to apply on 24 hours' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.