Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moltoni v Macks as Trustee of the Bankrupt Estate of Moltoni (No 2) [2020] FCA 792 File number(s): NSD 162 of 2020
Judge(s): JAGOT J
Date of judgment: 27 May 2020
Catchwords: BANKRUPTCY — Review of decision of trustee — Decision by trustee refusing consent for bankrupt to travel overseas — Whether Court should direct trustee to provide consent and, if so, on what conditions — Bankruptcy Act 1966 (Cth) s 272
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Dunwoody v Official Receiver [2005] FMCA 1634 Groves, in the matter of Groves (Bankrupt) v Robinson (Trustee) [2013] FCA 490; (2013) 11 ABC(NS) 467 Re Tyndall; Ex Parte Official Receiver (1977) 30 FLR 6 Tinkler v Melluish [2017] FCA 52; (2017) 14 ABC(NS) 508 Weiss v Official Trustee in Bankruptcy (1983) 1 FCR 40
Date of hearing: 26-27 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr N Morcombe QC
Solicitor for the Respondent: Andreyev Lawyers
ORDERS NSD 162 of 2020
BETWEEN: PETER MOLTONI Applicant
AND: PETER IVAN MACKS AS TRUSTEE FOR THE BANKRUPT ESTATE OF PETER MOLTONI Respondent
JUDGE: JAGOT J DATE OF ORDER: 27 MAY 2020
THE COURT ORDERS THAT:
1. By 10 June 2020 the applicant and respondent are to confer with a view to agreeing the form of all undertakings and orders (including as to costs and the security for costs paid) required to give effect to the reasons for judgment published today and for the respondent to decide whether he wishes to conduct an examination of the applicant before the applicant leaves Australia for the United Kingdom. 2. The agreed/disagreed orders and undertakings and notice of the trustee's position about examining the applicant are to be filed by email to the Associate to Jagot J by 5.00pm on 10 June 2020. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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