Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maxwell-Smith v Donnelly (No 3) [2011] FCA 1226 Citation: Maxwell-Smith v Donnelly (No 3) [2011] FCA 1226
Parties: EUGENE MAXWELL-SMITH and INGE MAXWELL-SMITH v MAX CHRISTOPHER DONNELLY and S & E HALL PTY LTD
File number: NSD 198 OF 2004
Judge: NICHOLAS J
Date of judgment: 31 October 2011
Catchwords: BANKRUPTCY – application under s 179 of the Bankruptcy Act 1966 (Cth) – consideration of trustee's refusals to reconvey property to former bankrupts in circumstances where trustee's costs, charges and expenses of administration remain unpaid – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 154, 179
Cases cited: Maxwell-Smith v Donnelly (No 2) [2011] FCA 259 Maxwell-Smith v Donnelly [2011] FCA 523 Maxwell-Smith v Donnelly [2010] FCA 474 Re Gault; Gault v Law (1981) 57 FLR 165 Ferella v Official Trustee in Bankruptcy (2010) 188 FCR 68 Maxwell-Smith v S & E Hall, in the matter of Maxwell-Smith [2004] FCA 840 Maxwell-Smith v Donnelly [2005] FCA 332 Maxwell-Smith v Donnelly [2006] FCAFC 150
Date of hearing: 24 June 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicants The Second Applicant appeared in person and on behalf of the First Applicant
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