Norilya Minerals Pty Ltd, In the Matter of Dean Edward Ireland v Adam Jonathon Ireland as named Executor of the Estate of Dean Edward Ireland [2006] FCA 1235

FEDERAL COURT OF AUSTRALIA

Norilya Minerals Pty Ltd, In the Matter of Dean Edward Ireland v Adam Jonathon Ireland as named Executor of the Estate of Dean Edward Ireland [2006] FCA 1235

BANKRUPTCY – debts – provable debts – definition – requirement for leave to proceed – whether requirement survives discharge of bankruptcy – cause of action in respect of recovery of moneys previously in part by restitution orders following upon conviction of debtor – conviction quashed on appeal many years later – order for repayment of restitution moneys – whether leave should be conditional upon repayment of restitution moneys Bankruptcy Act 1966 (Cth) s 58, s 82, s 153 Ireland v The Queen (unreported CCA Sup Ct of A, Library Number 9401656, 6 May 1994) cited Easterday v R (2003) 143 A Crim R 154 cited Easterday v State of Western Australia (2005) 30 WAR 122 cited Easterday v State of Western Australia [2005] WASCA 202 cited Daemar v Industrial Commission of NSW (No 2) (1990) 22 NSWLR 178 cited Official Receiver v Todd (1986) 14 FCR 177 cited Spain v Union Steamship Co of New Zealand Limited (1923) 32 CLR 138 cited Cornelius v Barewa Oil and Mining NL (In liq) (1982) 42 ALR 83 Coventry v Charter Pacific Corporation Limited (2005) 222 ALR 202 cited Australian Competition and Consumer Commission v Kritharas (2000) 105 FCR 444 cited Australian Competition and Consumer Commission v Black on White Pty Ltd (2004) 138 FCR 314 cited Macquarie Bank Ltd v Bardetta (2005) 216 ALR 670 cited

NORILYA MINERALS PTY LTD v ADAM JONATHON IRELAND AS NAMED EXECUTOR OF THE ESTATE OF DEAN EDWARD IRELAND WAD 158 OF 2006

FRENCH J

13 SEPTEMBER 2006

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 158 OF 2006

IN THE MATTER OF DEAN EDWARD IRELAND BETWEEN: NORILYA MINERALS PTY LTD

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