Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Miao v Michell [2015] FCA 22 Citation: Miao v Michell [2015] FCA 22
Parties: SHIRLEY MIAO v STEPHEN JOHN MICHELL
File number: VID 17 of 2015
Judge: BEACH J
Date of judgment: 27 January 2015
Catchwords: BANKRUPTCY – application for review of decision of trustee under s 178 of the Bankruptcy Act 1966 (Cth) – restriction on travel – supervisory jurisdiction – whether proposed travel genuine – whether likely that the bankrupt will return to Australia – whether likely that proposed travel will hamper the administration of the estate – application granted subject to undertaking and conditions
Legislation: Bankruptcy Act 1966 (Cth) ss 77(1)(a)(ii), 149D(1)(h), 178, 272
Cases cited: Healey v Prentice (No 2) [2000] FCA 1598 Macchia v Nilant (2001) 110 FCR 101 Re Hicks; Ex parte Lamb (1994) 217 ALR 195 Re Molina; Ex parte Wily [1995] FCA 1057 Re Tyndall; Ex parte Official Receiver (1977) 17 ALR 182
Date of hearing: 23 and 27 January 2015
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: The Applicant appeared in person
Solicitors for the Respondent: Ms K Poulakis of MSB Lawyers
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 17 of 2015
BETWEEN: SHIRLEY MIAO
Applicant
AND: STEPHEN JOHN MICHELL
Respondent
JUDGE: BEACH J DATE OF ORDER: 27 JANUARY 2015 WHERE MADE: MELBOURNE
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