Ollis v Rayner [2007] FCA 2012

FEDERAL COURT OF AUSTRALIA

Ollis v Rayner [2007] FCA 2012 BANKRUPTCY – restraining order made under s 10 of Criminal Assets Recovery Act 1990 (NSW) against appellant's property – respondents sought sequestration order against appellant's estate – whether restraining order operates as a stay for purposes of s 41(3)(b) of Bankruptcy Act 1966 (Cth) – restraining order and Criminal Assets Recovery Act gave appellant liberty to apply – no reason why appellant could not have made application to pay debt – sequestration order appropriate WORDS AND PHRASES – "ancillary order" Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(3)(b), 52(1), 58A Criminal Assets Recovery Act 1990 (NSW) ss 4, 7, 10, 12, 27, 31 Proceeds of Crime Act 2002 (Cth) ss 18, 24 Boscolo v Botany Council [1996] FCA 897 cited Commissioner of Taxation v Stuart-Jones (2000) 102 FCR 296 cited New South Wales Crime Commission v Ollis (2006) 65 NSWLR 478 cited Rayner & Anor v Ollis [2007] FMCA 1160 considered Re Solomon; Ex parte Reid (1986) 10 FCR 423 cited Sood v Crown Diagnostic Imaging Pty Ltd (2006) 156 FCR 240 followed Wiltshire-Smith v Mellor Olsson (1995) 57 FCR 572 cited Woodcroft v Director of Public Prosecutions (2000)174 ALR 60 followed VICTOR WARREN OLLIS v GAVIN BRUCE RAYNER AND CAROL LOUISE RAYNER NSD 1541 OF 2007

BENNETT J

19 DECEMBER 2007 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1541 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: VICTOR WARREN OLLIS

Appellant

AND: GAVIN BRUCE RAYNER AND CAROL LOUISE RAYNER

Respondents

JUDGE: BENNETT J

DATE OF ORDER: 19 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is to pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA