Fletcher v George (No.3)
[2008] FMCA 1626
•31 October 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FLETCHER v GEORGE (No.3) | [2008] FMCA 1626 |
| BANKRUPTCY – Undischarged bankrupt – trustee seeking further search warrant to search bankrupt’s property and seize assets. |
| Acts Interpretation Act 1901 (Cth) Bankruptcy Act 1901 (Cth) |
| Applicant: | WILLIAM JOHN FLETCHER AS TRUSTEE OF THE BANKRUPT ESTATE OF LAUREN KAY GEORGE |
| Respondent: | LAUREN KAY GEORGE |
| File Number: | BRG 709 of 2008 |
| Judgment of: | Burnett FM |
| Hearing date: | 31 October 2008 |
| Date of Last Submission: | 31 October 2008 |
| Delivered at: | Brisbane |
| Delivered on: | 31 October 2008 |
REPRESENTATION
| Counsel for the Applicant: | Mr Coulsen |
| Solicitors for the Applicant: | Coleman Webb Lawyers |
| The Respondent appeared on her own behalf |
ORDERS
That a search warrant issue under subsection 130(2) of the Act in relation to premises situated at 130 Landing Road, Moggill, in the State of Queensland, including any garage or storage area within the boundaries of the premises.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE |
BRG 709 of 2008
| WILLIAM JOHN FLETCHER AS TRUSTEE OF THE BANKRUPT ESTATE OF LAUREN KAY GEORGE |
Applicant
And
| LAUREN KAY GEORGE |
Respondent
REASONS FOR JUDGMENT
I heard an application on Wednesday afternoon and I have read an affidavit of Mr Fletcher which contained numerous exhibits concerning the affairs of the trustee and his dealings with the bankrupt. I was satisfied by reason of the material that I read on that occasion that it was appropriate to issue an order for the issue of a warrant and a warrant was issued.
Without restating the matters which I addressed in my judgment on Wednesday afternoon this application today is for a further warrant in effect to return to the property because the volume of material which was recovered from the property was well in excess of that which was initially apprehended, that which would be on the property. It is now necessary to return with a furniture removalist and others to assist in the removal of property.
It seems in the circumstances having regard to the matters I am required to consider that it is appropriate that a further warrant issue for that purpose.
I will otherwise adjourn the application to 12 November at 9.30.
I am going to go with the Acts Interpretation Act on this and note as ceasing to have effect on Saturday, 8 November.
Well, if you like, to put it beyond doubt I will make it 10 am on 7 November. That's to the hour, seven days.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Burnett FM
Associate: Beverley Schmidt
Date: 4 December 2008
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