Groves, in the matter of Groves (Bankrupt) v Robinson (Trustee) [2013] FCA 490

FEDERAL COURT OF AUSTRALIA

Groves, in the matter of Groves (Bankrupt) v Robinson (Trustee) [2013] FCA 490 Citation: Groves, in the matter of Groves (Bankrupt) v Robinson (Trustee) [2013] FCA 490

Parties: EDMUND STUART GROVES v MARK JULIAN ROBINSON AND ANDREW JOHN SCOTT AS TRUSTEES OF THE PROPERTY OF EDMUND STUART GROVES (A BANKRUPT)

File number: QUD 213 of 2013

Judge: LOGAN J

Date of judgment: 13 May 2013

Catchwords: BANKRUPTCY – application for review of a decision by the trustees of the applicant (a bankrupt) pursuant to s 178 of the Bankruptcy Act 1966 (Cth) to refuse to grant the applicant's request to travel overseas – request by applicant to live permanently in Canada to help wife establish an English language college in Vancouver – where two reviewable decisions had been made by trustees: in the first instance, a decision deferring their determination until the applicant's return to Australia, and subsequently, decision which rejected his request – where travel request and the trustee's decisions were made whilst the applicant was outside Australia, although applicant returned to Australia to attend hearing of application – whether discretionary factors identified in Re Tyndall (1977) 30 FLR 6 are satisfied Held: the trustee's decisions are set aside; trustees are directed to consent to the applicant leaving Australia subject to a number of conditions

Legislation: Bankruptcy Act 1966 (Cth) ss 77, 139ZU, 272 Companies Code s 573

Cases cited: Australian Securities Commission v Christopher Charles Skase (unreported, Pincus J, 30 May 1991) considered Re Molina ex parte Wily [1995] FCA 1057 considered Re Tyndall (1977) 30 FLR 6 applied