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Ayres v Evans

Ayres v Evans

Case [1981] FCA 238

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AGLC: Ayres, W.H. v. Evans, F.P. [1981] FCA 238 ((1981) 56 FLR 235)
Case: [1981] FCA 238
Decision Date: 17 DECEMBER 1981

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Ayres, W.H. v. Evans, F.P. [1981] FCA 238 ((1981) 56 FLR 235)

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Cases Citing This Decision

Harrison (Trustee) Roberts v Roberts, in the matter of Roberts [2024] FCA 1365
Citation 1 (Para 18)

…ourt of an external territory or another territory under section 29(4) is discretionary. This was explained by Lockhart J in Re Ayres; ex parte Evans (1981) 34 ALR 582 at [589]-[591]: The object of s 29 is to enable all courts having jurisdiction under the Act, the courts of prescribed countries (including the Unite…
Yeo (Trustee), in the matter of Burhala (Bankrupt) v Burhala [2024] FedCFamC2G 1137
Citation 2 (Para 12)

…In Re Ayres; Ex parte Evans (1981) 34 ALR 582 Lockhart J described the object in context, at 589-591: The object of s 29 is to enable all courts having jurisdiction under the Act, the courts of prescribed countries (including the United Kingdom, New Zealand and Canada) and the courts of other countries having jurisd…
Deputy Commissioner of Taxation v Ranguta Limited [2022] FCA 1572
Citation 3 (Para 2)

…Heydon JA, Spigelman CJ and Sheller JA agreeing). The law of Australia is that foreign revenue debts will not be enforced in Australia: Ayres v Evans (1981) 39 ALR 129 at 130‑131, 139‑141. I therefore proceed on the basis that the Deputy Commissioner would find it difficult, at least, to enforce any judgment of this…
Mann (Trustee) v Storey (No 2) [2022] FCA 609
Citation 4 (Para 3)

…t is “bound to give all the assistance that it can” to the court of a prescribed country. That view was upheld on appeal in Ayres v Evans [1981] FCA 238; 39 ALR 129; 56 FLR 235 (at 38 ALR 138; 56 FLR 247 per Northrop J and at 38 ALR 144; 56 FLR 254 per McGregor J). The Court’s jurisdiction extends to a power to a…
Huang v Deputy Commissioner of Taxation [2020] FCAFC 141
Citation 5 (Para 12)

…An appeal against the judgment of Lockhart J was dismissed: Ayres v Evans (1981) 56 FLR 235 ( Ayres ) per Fox, Northrop and McGregor JJ. The rule against the enforcement of foreign revenue laws was recognised. Each member of the Court did not apply the rule because the Official Receiver sought to get in property to…
Mclean (Trustee) v Kurene, in the matter of Kurene [2020] FCA 464
Citation 6 (Para 26)

…of a court of an external territory or another country under s 29(4) of the Act is discretionary. As Lockhart J explained in Re Ayres; Ex parte Evans (1981) 34 ALR 582 at 589-591: The object of s 29 is to enable all courts having jurisdiction under the Act, the courts of prescribed countries (including the United Ki…
Official Assignee in Bankruptcy of the Property of Ma v MA [2018] FCA 948
Citation 7 (Para 5)

…ion under s 29 were discussed by Lockhart J in Re Ayres; Ex parte Evans (1981) 51 FLR 395; 34 ALR 582 ( Re Ayres ) (affirmed on appeal: Ayres v Evans (1981) 56 FLR 235; 39 ALR 129). In a number of subsequent cases, this Court has made orders of the kind sought by the applicant pursuant to s 29: see, eg, Cooksley v C…
Official Assignee in Bankruptcy of the Property of Hanna, in the matter of Hanna v Hanna [2018] FCA 156
Citation 8 (Para 21)

…Prior to the commencement of the CBI Act, in In Re Ayres; Ex parte Evans (1981) 34 ALR 582, Lockhart J at 591 (quoting Farwell J in Re Osborn [1931–32] B & CR 189 at 194) held that the use of “shall” in s 29(2)(a) meant that in the absence of a conflict with a domestic bankruptcy, the court was “bound to give all th…
Palmer v Registrar-General of Land Titles of the Australian Capital Territory [2017] ACTSC 407
Citation 9

…Australian Mutual Provident Society v Gregory (1908) 5 CLR 615 Ayres v Evans (1981) 56 FLR 235 Palmer (Trustee), in the matter of Slater (Bankrupt) [2016] FCA 780 Palmer (Trustee), in the matter of Slater (Bankrupt) (No 2) [2016] FCA 960 Radich v Bank of NZ (1993) 116 ALR 676 Re Dunn and Edwards [1935] QWN 14 Re Fog…
Official Assignee in Bankruptcy of the Property of Cooksley, in the matter of Cooksley v Cooksley [2017] FCA 1193
Citation 10 (Para 4)

…to letters of request from the High Court of New Zealand. An appeal against those orders was subsequently dismissed by the Full Court: Ayres v Evans (1981) 56 FLR 235 ( Ayres v Evans ). Since then, the provision in the Bankruptcy Act in respect of responsibility for the administration of the property of a bankrupt…
Aravanis v Neffati (No.3) [2015] FCCA 3424
Citation 11 (Para 3)

…Re Ayres; Ex Parte Evans (1981) 51 FLR 395 which was affirmed by the Full Court of the Federal Court in Re William Henry Ayres v Francis Peter Evans (1981) 56 FLR 235 at [240]-[241], that courts having jurisdiction in bankruptcy act in aid of and be ancillary to each other in bankruptcy matters. I note that the nat…
Kapila, Re Edelsten [2014] FCA 1112
Citation 12 (Para 29)

…under s 29 of the Bankruptcy Act. That is not in doubt. Further, the Court’s powers to make the necessary ancillary orders are wide ( Ayres v Evans (1981) 56 FLR 235 and Radich v Bank of New Zealand (1993) 45 FCR 101). Moreover, the Model Law does not limit the Court’s powers under s 29 of the Bankruptcy Act providi…
Lees v O'Dea (No 2) [2014] FCA 1082
Citation 13 (Para 1)

…the insolvency law of Australia and the United Kingdom: see, for example, s 22(1) of the Bankruptcy Act 1924 (Cth) (repealed) and Ayres v Evans (1981) 56 FLR 235 at 239‑240 per Fox J; at 244‑247 per Northrop J and at 254‑255 per McGregor J. In turn, s 29 and its cognates have, in part, a declaratory quality in that,…
Bank of Western Australia v Henderson (No.3) [2011] FMCA 840
Citation 14 (Para 1)

…the administration of the respondent’s insolvent estate in New Zealand; Levy v Reddy [2009] FCA 63 per Collier J. citing Re Ayres; Ex parte Evans (1981) 34 ALR 582; Radich v Bank of New Zealand , Dick as Trustee in Bankruptcy v MacKintosh [2001] FCA 1008, her Honour noted at [15]: “In this case Mr Coates for the App…
Re Chow Cho Poon (Private) Limited [2011] NSWSC 300
Citation 15 (Para 1)

…Act 1966 (Cth). The content of the obligation under the Bankruptcy Act provision was discussed by three judges of the Federal Court in Ayres v Evans (1981) 39 ALR 129. Northrop J said (at 138):…
Williams v Simpson no.7 HC Hamilton CIV 2010-419-1174 [2010] NZHC 1963
Citation 16

…[10] See Re Ayres ex parte Evans (1981) 34 ALR 582 (FCA) and Ayres v Evans (1981) 39 ALR 129 (Full Court FCA) in the context of s 29(2)(a) of the Bankruptcy Act 1966 (Cth). Note that these decisions were given before Australia and New Zealand agreed that tax debts could be treated as…
Richards v Withers [2010] NSWSC 1158
Citation 17

…perty (Relationships) Act 1984, ss 9, 13, 20(1) Uniform Civil Procedure Rules 2005, rule 27.1 CATEGORY: Principal judgment CASES CITED: Ayres v Evans (1981) 39 ALR 129 Cusick v Savage [2008] NSWSC 212 Hall v Woolf [1908] HCA 74; (1908) 7 CLR 207 PARTIES: Patricia Richards (Plaintiff) Lynette Withers (Defendant) FILE…
Williams v Simpson [2010] NZHC 1786
Citation 18

…ity rules accorded (by the time of the decision in the House of Lords) with changes made to the law in England. 90 In that context, see Ayres v Evans (1981) 39 ALR 129 (FCA), in the context of a New Zealand tax debt for which assets from Australia were sought to meet payment before an amendment to s 6(1)(e) of the R…
Levy v Reddy [2009] FCA 63
Citation 19 (Para 12)

…conditions attach to the provision of assistance): Re Ayres; Ex parte Evans (1981) 51 FLR 395 at 405-407 esp at 407 per Lockhart J; Ayres v Evans (1981) 56 FLR 235 (FC) at 240, 247, 254-255; Radich v Bank of New Zealand at 105, 118; Dick as Trustee in Bankruptcy v McIntosh at [8].…
Cusick v Savage [2008] NSWSC 212
Citation 20

…perty (Relationships) Act 1984, ss 9, 13, 20(1) Uniform Civil Procedure Rules 2005, rule 27.1 CATEGORY: Principal judgment CASES CITED: Ayres v Evans (1981) 39 ALR 129 Forgeard v Shanahan (1994) 35 NSWLR 206 Grizonic v Suttor [2006] NSWSC 1359 Hall v Woolf [1908] HCA 74; (1908) 7 CLR 207 Permanent Trustee Co Ltd v C…
Warner, in the matter of Rivkin [2007] FCA 2020
Citation 21 (Para 5)

…tions or Rules of Court setting out any procedural requirements. The general procedure has a long history (briefly reviewed by Fox J in Ayres v Evans (1981) 39 ALR 129; 56 FLR 235 at 239) but the details have varied over time. The complexities of modern cross-border insolvency make it likely that this beneficial pro…
Pascoe; in the matter of Hudson [2005] FCA 1421
Citation 22 (Para 8)

…w Zealand pursuant to a letter of request from that Court in circumstances which had some similarities to those of the present case, in Ayres v Evans (1981) 56 FLR 235. FURTHER BACKGROUND FACTS…
Independent Insurance Company Ltd [2005] NSWSC 587
Citation 23

…rupo Torras SA [2005] 2 WLR 904 Antonarkis v Delly (1976) 51 ALJR 21 Australian Securities Commission v Ampolex Ltd (1995) 38 NSWLR 504 Ayres v Evans (1981) 39 ALR 129 Belan v Casey [2002] NSWSC 58 BP Australia Ltd v Brown (2003) 58 NSWLR 322 Carr v News Group Newspapers Ltd [2005] EWHC 971 (QB) Dick v McIntosh [200…
Dick v McIntosh [2001] FCA 1008
Citation 24 (Para 8)

…s are required as part of the providing of assistance: Re Ayres; Ex parte Evans (1981) 51 FLR 395 at 405-407 esp at 407 per Lockhart J; Ayres v Evans (1981) 56 FLR 235 (FC) at 240, 247, 254-255; Radich v Bank of New Zealand at 105, 118.…
Cassin v Wade Sawmill Pty Limited HC Auckland Ap155-Sw00 [2001] NZHC 251
Citation 25

…1980, B116/80, Barker J). In Australia, on the other hand, the word “shall” has been interpreted as being mandatory ( Ayres v Evans [1981] 39 ALR 129). Ms Watson’s submission; which I think has to be correct for present purposes, is therefore that assistance under s135 may well be problematical.…
Official Trustee in Bankruptcy, in the matter of Lyons [2000] FCA 1428
Citation 26 (Para 2)

…The decision of Lockhart J in Re Ayres was affirmed on appeal by the Full Federal Court in Ayres v Evans (1982) 56 FLR 235. As to the form of assistance which could be provided Fox J, in the Full Court, made the following observations at 240-241: “The relevant jurisdiction of a court exercising federal jurisdiction in…
Gainsford v Tannenbaum [2012] FCA 904
Citation 27 (Para 3)

…n the insolvency law of Australia and the United Kingdom: see, for example, s 22(1) of the Bankruptcy Act 1924 (Cth) (repealed) and Ayres v Evans (1981) 56 FLR 235 at 239-240 per Fox J; at 244-247 per Northrop J and at 254-255 per McGregor J. In turn, s 29 and its cognates have, in part, a declaratory quality in tha…
Transworld Marine Agency N.V. v Rolfe [1999] FCA 1275
Citation 28

…reA Debtor; Ex parte Viscount of the Royal Court of Jersey [ 1981] Ch 384). Re Osborn has been followed in Australia: see eg Re Ayres; Ex parte Evans (1981) 34 ALR 582; on appeal (1982) 56 FLR 235. For a different view of the obligation see Hughes v Hannover Ruckversicherungs-Aktiengese/lschaft [ 1997] 1 BCLC 497, w…
Rolfe, James Geoffrey v Transworld Marine Agency Co NV [1998] FCA 532
Citation 29

…nwealth of Australia [1951] AC 201, followed Bank of Credit and Commerce International No (10) SA 1997 Ch 213, cited Re Ayres; Ex parte Evans (1981) 34 ALR 582, followed Smith v Australian Securities Commission (1995) 13 ACLC 511, cited…
Radich v Bank of New Zealand [1993] FCA 627
Citation 30

…Ayres v Evans (1981) 56 FLR 235…
Re Ralls, G.B. [1992] FCA 951
Citation 31

…t the matter there is no point in my examining them in any detail now. It will suffice to say that a Full Court of this Court in Avres v Evans [l9811 39 ALR 129 by majority interpreted where this Court is asked to assist with obtaining control of section 29 of the Bankruptcy Act for the purpose of cases a New…
Re Radich, N.C.L. Ex Parte Bank of New Zealand [1992] FCA 476
Citation 32

…Ayres v. Evans (1981) 56 FLR 235…
Re Becker, M.W. [1992] FCA 342
Citation 33

…uld exercise if the matter had arisen within its own jurisdiction. Those powers are extremely wide: see s. 30 of the Bankruptcy Act and Ayres v Evans (1981) 56 FLR 235.…
IMO of an application by CJ CGV Co Limited [2013] VSC 656
Citation 34 (Para 1)

…inction, but upheld the order below on the basis that the common law principle was abrogated by the specific provisions of the Bankruptcy Act . [34](1981) 39 ALR 129…
Al Sabah & Anor v. Grupo Torras SA & Anor (Cayman Islands) [2005] UKPC 1
Citation 35

…o Hall v Woolf and Ukley v Ukley their Lordships were referred to a number of other Australian authorities, the most important of which are Re Ayers (1981) 34 ALR 582 and on appeal Ayers v Evans (1981) 39 ALR 129; and Radich v Bank of New Zealand (1993) 116 ALR 676. These cases are of limited assistance since they a…

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