Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trust Company (PTAL) Limited (Trustee for the LM Managed Performance Fund), in the matter of Drake v Drake [2014] FCA 1445 Citation: Trust Company (PTAL) Limited (Trustee for the LM Managed Performance Fund), in the matter of Drake v Drake [2014] FCA 1445
Parties: THE TRUST COMPANY (PTAL) LIMITED (ACN 008 412 913), KORDAMENTHA PTY LTD (ACN 100 169 391) and CALIBRE CAPITAL LIMITED (ACN 108 318 985) AS TRUSTEES FOR THE LM MANAGED PERFORMANCE FUND v PETER CHARLES DRAKE
File number: QUD 682 of 2014
Judge: WIGNEY J
Date of judgment: 22 December 2014
Catchwords: PRACTICE AND PROCEDURE – Application pursuant to ss 30 and 50 of the Bankruptcy Act 1966 – whether trustee should take control of respondent's property – whether respondent should be restrained from departing Australia
Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) Corporations Act 2001 (Cth)
Cases cited: Australian Securities and Investments Commission v Wiggins (1998) 90 FCR 314 Deputy Commissioner of Taxation v Clyne (1983) 50 ALR 118 Talacko v Talacko (2010) 183 FCR 297 Talacko v Talacko (2010) 183 FCR 311 Talacko v Talacko [2010] FCA 193 Tasman KB Pty Limited v Watkins [2004] FCA 1190 Weiss v Official Trustee in Bankruptcy (1983) 1 FCR 40
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