Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pearce (Trustee) v Mulhern (Bankrupt) [2011] FCA 930 Citation: Pearce (Trustee) v Mulhern (Bankrupt) [2011] FCA 930
Parties: MARK WILLIAM PEARCE AND ANDREW JOHN HEERS AS TRUSTEES OF THE PROPERTY OF MICHAEL RICHARD MULHERN ALSO KNOWN AS DEREK O'MALLEY (A BANKRUPT) v MICHAEL RICHARD MULHERN ALSO KNOWN AS DEREK O'MALLEY (A BANKRUPT)
File number: QUD 176 of 2011
Judge: LOGAN J
Date of judgment: 9 August 2011
Catchwords: BANKRUPTCY AND INSOLVENCY – arrest warrant – whether to issue – where respondent bankrupt had not appeared for public examination – where it appeared respondent had not complied with obligations of a bankrupt under the Bankruptcy Act 1966 (Cth) – arrest warrant issued
Legislation: Bankruptcy Act 1966 (Cth) ss 77, 78, 109
Date of hearing: 9 August 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 7
Solicitor for the Applicant: LynchMorgan Lawyers
Counsel for the Respondent: Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 176 of 2011
BETWEEN: MARK WILLIAM PEARCE AND ANDREW JOHN HEERS AS TRUSTEES OF THE PROPERTY OF MICHAEL RICHARD MULHERN ALSO KNOWN AS DEREK O'MALLEY (A BANKRUPT)
Applicant
AND: MICHAEL RICHARD MULHERN ALSO KNOWN AS DEREK O'MALLEY (A BANKRUPT)
Respondent
JUDGE: LOGAN J DATE OF ORDER: 9 AUGUST 2011 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. A warrant issue pursuant to section 78(1)(f) of the Bankruptcy Act 1966 (Cth) (the Act) in the form of Form 16 of the Federal Court (Bankruptcy) Rules 2005 for the arrest of the respondent bankrupt Michael Richard Mulhern also known as Derek O'Malley and his committal to such gaol as the Court appoints until this Court otherwise orders. 2. The costs of this application including the costs of this day be payable from the estate of the respondent bankrupt with priority in accordance with section 109 of the Act. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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