Chase v Donnelly

[2002] FCA 1565

FEDERAL COURT OF AUSTRALIA

Chase, in the Matter of Chase v Donnelly [2002] FCA 1565

BANKRUPTCY - application under s 178 of the Bankruptcy Act 1966 (Cth) to challenge a notice under s 149B of the Bankruptcy Act.

Bankruptcy Act 1966 (Cth) ss 139E, 149, 149B, 149K, 149Q, 178

Permfox Pty Ltd v Official Reciever for the Bankruptcy District of New South Wales [2002] FCA 1564 referred to

Cummings v Claremont Petroleum NL (1996) 185 CLR 124 referred to

Re Tyndall (1977) 30 FLR 6 referred to

Re Dingle; Westpac Banking Corporation v Worrell (1993) 47 FCR 478 referred to

McGoldrick v Official Trustee in Bankruptcy (1993) 47 FCR 547 referred to

Re Wheeler; Ex parte Wheeler v Halse (1994) 54 FCR 166 referred to

Macchia v Nilant (2001) 110 FCR 101 referred to

IN THE MATTER OF PETER JOSEPH CHASE
PETER JOSEPH CHASE v MAX CHRISTOPHER DONNELLY, AS TRUSTEE OF THE ESTATE OF PETER JOSEPH CHASE
N 7281 OF 2001

ALLSOP J
18 DECEMBER 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N7281 of 2001

IN THE MATTER OF PETER JOSEPH CHASE

BETWEEN:	PETER JOSEPH CHASE APPLICANT
AND:	MAX CHRISTOPHER DONNELLY AS TRUSTEE OF THE ESTATE OF PETER JOSEPH CHASE RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	18 DECEMBER 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The matter stand over to a date to be fixed for the making of orders conformable with and in the light of the reasons for judgment published today.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N7281 of 2001

IN THE MATTER OF PETER JOSEPH CHASE

BETWEEN:	PETER JOSEPH CHASE APPLICANT
AND:	MAX CHRISTOPHER DONNELLY AS TRUSTEE OF THE ESTATE OF PETER JOSEPH CHASE RESPONDENT

JUDGE:	ALLSOP J
DATE:	18 DECEMBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application under s 178 of the Bankruptcy Act 1966 (Cth) (the Act) by Peter Joseph Chase, a bankrupt, to set aside a notice given by the respondent, who is the trustee in bankruptcy of Mr Chase’s estate, under s 149B of the Act, objecting to the discharge of Mr Chase from bankruptcy under s 149 of the Act.

2. The application was heard at the same time as proceedings number N7280 of 2001, Permfox Pty Ltd v Official Reciever. These reasons should be read together with the reasons for judgment of N7280 of 2001 ([2002] FCA 1564).

3. The notice under s 149B contained a number of grounds upon which the trustee relies. Some, but not all the grounds, are the subject of litigation in matter N7280 of 2001.

4. No attempt has been made by Mr Chase to seek a review of the trustee’s objection notice by the Inspector-General or the Administrative Appeals Tribunal (AAT) under s 149K or s 149Q of the Act, respectively.

5. The nature of the supervisory jurisdiction conferred on the Court by…