Official Trustee in Bankruptcy v Turner, James George

[1997] FCA 914

IN THE FEDERAL COURT OF AUSTRALIA	)
)
VICTORIA DISTRICT REGISTRY	)           TG 7010 AND 7012 of 1997
)
GENERAL DIVISION	)

BETWEEN:	OFFICIAL TRUSTEE IN  BANKRUPTCY Applicant
AND:	JAMES GEORGE TURNER Respondent

JUDGE:	HEEREY J
PLACE:	MELBOURNE
DATE:	8 September 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. That the applicant’s notice of motion No. 7010 be adjourned sine die.

1. That the hearing of the respondent’s notice of motion No. 7012 be adjourned to 11.30 am on Thursday 28 August 1997.

1. Any further affidavits by the debtor be filed and served by 1.00 pm Wednesday 27 August 1997

1. Costs of today’s proceeding be reserved.

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

IN THE FEDERAL COURT OF AUSTRALIA	)
)
VICTORIA  DISTRICT REGISTRY	)           TG 7010 AND 7012 of 1997
)
GENERAL DIVISION	)

BETWEEN:	OFFICIAL TRUSTEE IN BANKRUPTCY Applicant
AND:	JAMES GEORGE TURNER Respondent

JUDGE:	HEEREY J
PLACE:	MELBOURNE
DATE:	8 September 1997

REASONS FOR JUDGMENT

There are before the court today two motions. In 7010 of 1997 the official trustee sought a direction as to the lodging of a withdrawal of caveat by the debtor.  It appears that the official trustee is about to be registered as proprietor of the land in question and that a withdrawal of caveat by the official trustee will be acepted by the Recorder of Titles. That will be confirmed within the next day or so. Counsel for the official trustee sought that that application be adjourned sine die and I so order.

The second motion, 7012 of 1997, was brought by the debtor. It sought an order that pursuant to s 178 of the Bankruptcy Act 1966 (Cth) the Court order that the official trustee not sell various properties of the debtor at Glen Huon for $150,000. Mr Reid appeared for the debtor but announced when this matter was called on that he only recently realised that the firm of which he is a member is a creditor and therefore he would be in a position of conflict. It is obviously desirable therefore that Mr Reid withdraw. The matter be adjourned until Mr Turner can be represented by another practitioner.

The contract of sale in question, which was entered into on 3 July 1997, provided for settlement in 30 days.  Settlement is therefore overdue.  I am told the purchasers are anxious to settle, although so far no notice for completion has been given.  The caveat that was holding up settlement is, as I have mentioned, about to be withdrawn.  Mr Turner desires not only to have alternative legal representation but to produce material relating to sales of comparable properties.  I understand from what he said that he has this information available but is a matter of putting it in proper form.

I will therefore adjourn the hearing of the notice of motion 7012 to 11.30 am on Thursday, 28 August by video conference.  I will direct that any further affidavit by the debtor, Mr Turner, be filed and served by 1.00 pm on Wednesday, 27 August.  I will l reserve the costs of today.

I certify that this and the preceding  page are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey

Associate:

Dated: 8 September 1997      

Counsel for the Applicant:	P G Wood
Solicitor for the Applicant:	Piggott Wood Baker
Counsel for the Respondent:	K E Read
Solicitor for the Respondent:	Jennings Elliot
Date of Hearing:	25 August 1997
Date of Judgment:	8 September 1997