Mulhern v Pearce

[2012] FCA 631

FEDERAL COURT OF AUSTRALIA

Mulhern v Pearce [2012] FCA 631

Citation:	Mulhern v Pearce [2012] FCA 631
Parties:	MICHAEL RICHARD MULHERN (A BANKRUPT) v MARK WILLIAM PEARCE AND ANDREW JOHN HEERS (TRUSTEES) and JOSEPH MICHAEL DODRILL
File number(s):	QUD 244 of 2012
Judge:	GREENWOOD J
Date of judgment:	19 June 2012
Catchwords:	BANKRUPTCY – consideration of an application for review under s 178 of the Bankruptcy Act 1966 (Cth) of a decision of the trustees of a bankrupt refusing the bankrupt’s application for the return of passports and travel documentation – consideration of an application to extend time for making an application for leave to appeal – consideration of circumstances surrounding the dismissal of the applicant’s application for annulment of the bankruptcy under s 153B of the Bankruptcy Act
Legislation:	Bankruptcy Act 1966 (Cth), ss 48, 153B, 178(1) Federal Court Rules 2011, rules 36.01, 35.12, 35.13 and 35.14 Federal Court (Bankruptcy) Rules 2005, rules 7.02, 7.03
Cases cited:	Re Tyndall (1977) 30 FLR 6 – cited Re Hicks; Ex parte Lamb (1994) 217 ALR 195 – cited Mulhern, in the matter of Mulhern (Bankrupt) v Pearce (Trustee) [2012] FCA 570 – cited and quoted Pearce (Trustee) v Mulhern (Bankrupt) (No 4) [2012] FCA 54 – cited Pearce v Mulhern [2010] FCA 446 – cited
Date of hearing:	5 June 2012
Date of last submissions:	5 June 2012
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	52
Counsel for the Appellant:	Appellant appeared in person
Solicitor for the Respondents:	Mr Lynch, Lynch Morgan Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 244 of 2012

BETWEEN:

MICHAEL RICHARD MULHERN (A BANKRUPT)
Applicant Appellant

AND:

MARK WILLIAM PEARCE AND ANDREW JOHN HEERS (TRUSTEES)
First Respondent

JOSEPH MICHAEL DODRILL
Second Respondent

JUDGE:	GREENWOOD J
DATE OF ORDER:	19 JUNE 2012
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application under rule 35.14 of the Federal Court Rules 2011 to extend time for leave to appeal from orders of the Court made on 19 April 2012 is dismissed.

2.The applicant pay the costs of the respondent trustees of and incidental to the application to be taxed. 

3.The interlocutory application filed electronically on 31 May 2012 for review under s 178(1) of the Bankruptcy Act 1966 (Cth) of a decision of the trustees of the bankrupt is dismissed.

4.The applicant pay the costs of the respondent trustees of and incidental to the interlocutory application to be taxed.   

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 244 of 2012

BETWEEN:

MICHAEL RICHARD MULHERN (A BANKRUPT)
Applicant Appellant

AND:

MARK WILLIAM PEARCE AND ANDREW JOHN HEERS (TRUSTEES)
First Respondent

JOSEPH MICHAEL DODRILL
Second Respondent

JUDGE:	GREENWOOD J
DATE:	19 JUNE 2012
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. These proceedings concern two applications made by Mr Michael Richard Mulhern.  Both applications have been heard together. 

2. The first application in time is an application under…