Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mulhern, in the matter of Mulhern (Bankrupt) v Pearce (Trustee) [2012] FCA 570 Citation: Mulhern, in the matter of Mulhern v Pearce (Trustee) [2012] FCA 570
Parties: MICHAEL RICHARD MULHERN v MARK WILLIAM PEARCE AND ANDREW JOHN HEERS AS TRUSTEES OF THE PROPERTY OF MICHAEL RICHARD MULHERN ALSO KNOWN AS DEREK O'MALLEY (A BANKRUPT) and JOSEPH MICHAEL DODRILL
File number: QUD 208 of 2012
Judge: LOGAN J
Date of judgment: 19 April 2012
Catchwords: BANKRUPTCY – application for review of trustee in bankruptcy's decision to withhold travel documentation, including the applicant's passports – whether just and equitable to do so Held: application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 43, 153B, 178
Cases cited: Dodrill v The Irish Restaurant & Bar Co Pty Ltd & Ors [2009] QSC 317 referred to Pearce v Mulhern [2010] FCA 446 referred to Pearce (Trustee) v Mulhern (Bankrupt) [2011] FCA 930 referred to Pearce (Trustee) v Mulhern (Bankrupt) (No 2) [2012] FCA 7 referred to Pearce (Trustee) v Mulhern (Bankrupt) (No 3) [2012] FCA 16 referred to Pearce (Trustee) v Mulhern (Bankrupt) (No 4) [2012] FCA 54 considered Re Tyndall (1977) 30 FLR 6 followed Scrivener v DPP (2001) 125 A Crim R 279 considered
Date of hearing: 19 April 2012
Place: Brisbane
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