Milner v Inspector-General in Bankruptcy

[1998] FCA 1328

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 7401  of   1998

BETWEEN:	BRUCE POUNTNEY MILNER APPLICANT
AND:	INSPECTOR-GENERAL IN BANKRUPTCY RESPONDENT
JUDGE:		DOWSETT J
DATE OF ORDER:		16 OCTOBER 1998
WHERE MADE:		BRISBANE

THE COURT ORDERS THAT:

1. The time limited by s 155D(a) of the Bankruptcy Act 1966 (as amended) for the applicant to apply to the Inspector-General in Bankruptcy for extension of his registration as a trustee in bankruptcy under the Act be extended to 23 October 1998 notwithstanding that the time for applying for the extension of his registration has expired.

1. It be declared that, upon the Inspector-General in Bankruptcy extending the applicant’s registration as a trustee under the Act, the registration will be renewed from and including 7 September 1998.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 7401 of 1998

BETWEEN:	BRUCE POUNTNEY MILNER APPLICANT
AND:	INSPECTOR-GENERAL IN BANKRUPTCY RESPONDENT

JUDGE:	DOWSETT J
DATE:	16 OCTOBER 1998
PLACE:	BRISBANE

REASONS FOR JUDGMENT

This is an application similar in all respects to the matter of Ian Richard Hall v Inspector-General in Bankruptcy, QG 7401 of 1998 (Dowsett J, 16 Oct 1998, unreported) with which I have previously dealt. For the reasons there recorded, I will make an order in terms of the draft. I again stress that I have not dealt with the question of the effect of the operation of s 160 of the Bankruptcy Act 1966, (as amended) upon any estates which may have been vested in Mr Milner at the time at which his registration expired, and I have not dealt with what may have to be done in order to re-vest those estates in him, but there will be an order in terms of the draft.

I certify that this and the preceding nil (0) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:             16 October 1998

Solicitor for the Applicant:	Thomson Redhead Boyd
Mr Digby Ross (Official Receiver) appeared on behalf of the Respondent
Date of Hearing:	16 October 1998
Date of Judgment:	16 October 1998