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Inspector-General in Bankruptcy v Nelson, Robert Leslie

Inspector-General in Bankruptcy v Nelson, Robert Leslie

Case [1998] FCA 684

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AGLC: Inspector-General in Bankruptcy v Nelson, Robert Leslie [1998] FCA 684
Case: [1998] FCA 684
Decision Date: 12 JUNE 1998

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Orders

Orders of the court

The application be dismissed.

The applicant pay the respondent’s costs (including the costs of the applicant’s Notice of Motion dated 12 September 1997).

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Citations

Inspector-General in Bankruptcy v Nelson, Robert Leslie [1998] FCA 684

Most Recent Citation

Frost v Sheahan [2005] FCA 1014

Cases Citing This Decision

Diamond and Inspector-General in Bankruptcy [2024] AATA 2135
Citation 1 (Para 8)

…’ beyond the ordinary period, a trustee would need to have reasons directed to achievement of a purpose of the law of bankruptcy.’[120] [119] [1998] FCA 684. [120] Ibid, 17.…
Smith v Trustee of the Property of Richard John Smith (a Bankrupt) [2023] FCA 300
Citation 2 (Para 4)

…The Full Court of the Federal Court considered this legislation in Inspector-General in Bankruptcy v Nelson (1998) 168 ALR 340; [1998] FCA 684. In that case the Court considered a decision of the Administrative Appeals Tribunal set aside a decision of the Inspector-General and directed him to cancel an objection…
Frost v Sheahan [2005] FCA 1014
Citation 3 (Para 61)

…re needs to be some ongoing utility in maintaining the administration. Both concessions were rightly made: Inspector-General in Bankruptcy v Nelson (1998) 168 ALR 340 at 356.…
Nguyen v Pattison [2004] FMCA 517
Citation 4 (Para 4)

…e provisions. Earlier versions of these provisions were considered by the Full Court of the Federal Court in Inspector-General in Bankruptcy v Nelson (1998) 168 ALR 340. Under the earlier version of the objections provisions the court concluded that the trustee was required to consider whether there was any reason to…
Plant and Insolvency and Trustee Service Australia [2004] AATA 407
Citation 5

…SR 488 Wharton v Official Receiver in Bankruptcy [2001] FCA 96 Re Ansett [1995] 56 FCA 526 Inspector General v Nelson (1998) 86 FCR 67, (1998) 168 ALR 340, (1998) 27 AAR 231 REASONS FOR DECISION 21 April 2004 Mr M Allen, Member 1. On 11 September 2002 an officer of the Insolvency and Trustee Service Australia (“ITSA”…

Cases Cited

Statutory Material Cited

Lee v Secretary, Department of Education [2024] NSWPICMP 596
Citation 1

…the AAT, the AAT is confined to applying the law as it existed at the date of the primary decision; cf Lee v Department of Social Security (1996) 68 FCR 491 (FC).…
Lee v Department of Education and Training [2006] NSWWCCPD 179
Citation 2

…ral question whether, upon review by the AAT, the AAT is confined to applying the law as it existed at the date of the primary decision; cf Lee v Department of Social Security (1996) 68 FCR 491 (FC).…
Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40
Citation 3

…r, scope and purpose of the Act, to take into account any of the six considerations mentioned: cf Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39-40 (Mason J).…
Nelson v Totterdell [1991] HCATrans 202
Citation 4

…Totterdell v Nelson (1990) 26 FCR 523 (FC) (considered)…
Re Hall [1994] FCA 625
Citation 5

…with s 149C (1) requires more than this. In fact, he submits, the legislation assumes the exercise of a discretionary judgment (he refers to Re Hall (1994) 14 ACSR 488 (FCA/Branson J) at 492-494 and Re Ansett ; Ex parte Ansett v Pattison (1995) 56 FCR 526 (Olney J) at 530-531).…

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