Bond v Tuohy

[1995] FCA 88

IN THE FEDERAL COURT OF AUSTRALIA )

)

VICTORIA DISTRICT REGISTRY       ) VG 427 of1994
  )

GENERAL DIVISION                 )

BETWEEN:ALAN BOND

(First Applicant)

JOHN BRYAN BOND

(Second Applicant)

CRAIG DAVID BOND

(Third Applicant)

DIANA GWENYTH BLISS

(Fourth Applicant)

ROGER BRYER

(Fifth Applicant)

PETER RAYMOND HOLDSWORTH

(Sixth Applicant)

NEIL CUNNINGHAM

(Seventh Applicant)

WHITSUNDAY ISLAND DEVELOPMENTS PTY LTD

(Eighth Applicant)

ARMOY PTY LTD
  (Ninth Applicant)

HULLMES PTY LTD

(Tenth Applicant)

TAMBAR PTY LTD

(Eleventh Applicant)

YATHROO ESTATES PTY LTD

(Twelfth Applicant)

WA FOUNDATION HOMES PTY LTD
  (Thirteenth Applicant)

FAIROAK PTY LTD
  (Fourteenth Applicant)

AND:

ANDREW PATRICK TUOHY

(a Detective Acting Sergeant of the Australian Federal Police)

(First Respondent)

MICHAEL J PALMER

(Commissioner of the Australian Federal Police)

(Second Respondent)

MICHAEL ROZENES

(The Commonwealth Director of Public Prosecutions)

(Third Respondent)

GEORGE LIONEL CADDY

(Official Receiver for the Bankruptcy District of New South Wales)

(Fourth Respondent)

ROBERT EASTAUGH RAMSAY

(Fifth Respondent)

RULING 24 FEBRUARY 1995

RYAN J :  In my view the notice referred to in S 77C is given by the Official Receiver and it is a matter for the Official Receiver to specify the time and place for compliance with it.  In making that specification regard may be had to any need which the Official Receiver perceives to hear the owner of documents or some other third party who seeks an opportunity to be heard before the Official Receiver communicates to the trustee or anybody else the books produced or information given in compliance with the notice.  The Official Receiver may, if he thinks it appropriate, extend the time or vary the mode of compliance with the notice.

Accordingly, I regard it as not necessary or appropriate for the court by way of declaration to impose its view of what may or should constitute compliance with a particular notice.  I therefore decline to make a further declaration as sought by Mr Garratt and supported by Mr Whelan and Mr Scott.  I also decline to grant any injunction pending appeal.

I certify that this and the preceding two (2) pages are a true copy of the ruling of his Honour Mr Justice Ryan

Associate:

Date:

Hearing dates:                   13 and 14 February 1995