Pearce (Trustee) v Mulhern (Bankrupt) (No 2) [2012] FCA 7

FEDERAL COURT OF AUSTRALIA

Pearce (Trustee) v Mulhern (Bankrupt) (No 2) [2012] FCA 7 Citation: Pearce (Trustee) v Mulhern (Bankrupt) (No 2) [2012] FCA 7

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: BUCHANAN J

Date of judgment: 12 January 2012

Catchwords: BANKRUPTCY AND INSOLVENCY – arrest warrant – failure to attend public examination – use of an alias – flight risk

Legislation: Bankruptcy Act 1966 (Cth) s 78

Cases cited: Pearce (Trustee) v Mulhern (Bankrupt) [2011] FCA 930

Date of hearing: Heard on the papers

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 4

Solicitor for the Applicant: Lynch Morgan 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: BUCHANAN J DATE OF ORDER: 11 JANUARY 2012 WHERE MADE: SYDNEY

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.