Sim v CBFC Limited [2006] FCA 1074

FEDERAL COURT OF AUSTRALIA

Sim v CBFC Limited [2006] FCA 1074 BANKRUPTCY – Bankruptcy Act 1966 (Cth) s 60(1) – discharge of orders made under laws relating to the imprisonment of fraudulent debtors – Absconding Debtors Act (NT) – whether power to discharge orders – discretionary considerations Absconding Debtors Act (NT) Bankruptcy Act 1966 (Cth) Road Maintenance (Contribution) Act 1958-1969 (NSW)

CBFC Ltd v Sim [2006] NTSC 57 considered Storey v Lane (1981) 147 CLR 549 referred to Commissioner for Motor Transport v Train (1972) 127 CLR 396 considered Re Hollis (1968) 15 FLR 386 discussed Re Caddies; Ex parte Stapleton (1962) 19 ABC 155 referred to Pitt, Son & Badgery Ltd v Municipal Council of Sydney (1907) 24 WN (NSW) 203 cited Clunies-Ross v Commonwealth (1984) 155 CLR 193 cited Northern Suburbs General Cemetery Reserve Trust v Commonwealth (1993) 176 CLR 555 cited Malouf v Prentice [1998] FCA 1427 referred to Re Tyndall (1977) 17 ALR 182 referred to Commonwealth v Verwayen (1990) 170 CLR 394 cited DANIEL JOHN SIM v CBFC LIMITED AND COMMONWEALTH BANK OF AUSTRALIA NTD 10OF 2006

MANSFIELD J

16 AUGUST 2006

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY NTD 10 OF 2006

BETWEEN: DANIEL JOHN SIM

Applicant

AND: CBFC LIMITED

First Respondent

COMMONWEALTH BANK OF AUSTRALIA

Second Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 16 AUGUST 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Upon the written undertaking of Daniel John Sim to the Court to be filed in a form approved by the District Registrar that, in the event that a sequestration order is made against his estate, he will return to Australia within three calendar months of the making of the sequestration order and will cooperate with his trustee in respect of all inquiries and procedures which his trustee requires in relation to his bankruptcy, and upon Thomas Harry Edward Winter providing to and filing in the Court a surety in the sum of $15,000 in a form approved by the District Registrar to the effect that, in the event that Mr Sim does not fully comply in every respect with his undertaking, Mr Winter will forfeit to the Crown the sum of $15,000, and that process may be executed against his property for the said sum of $15,000: Under s 60(1)(a) of the Bankruptcy Act 1966 (Cth) the orders of the Supreme Court of the Northern Territory made on 10 July 2006 and extended on 4 August 2006 under the Absconding Debtors Act (NT) in respect of Mr Sim be discharged.