Re Aley N.R. Ex parte P.D. Sweeney

[1994] FCA 1078

1078 1 96

JUDGMENT No. .... . .... ,,..,,,,,

IN THE FEDERAL COURT OF AUSTRAtIA	1
QUEENSLAND DISTRICT REGISTRY	) No. E 2020 of 1994

GENERAL DIVISION 1

RE	NAUSHAD RAHMAT ALEY
EX PARTE :	P. D. SWEENEY

CORAM :	Spender J
PLACE :	Brisbane
m:	21 December 1994

MINUTES OF ORDER

THE COURT:

1. Declines to make an order on the application filed 8

December 19 9 4.

2. Adjourns the application and grants liberty to the bankrupt to bring the matter back before the Court as a matter of urgency between now and the end of January 1995.

THE COURT ORDERS that costs be reserved.

Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA	)
OUEENSLAND DISTRICT REGISTRY	) No. E 2020 of 1994

GENERAL DIVISION 1

RE : NAUSHAD RAHMAT ALEY

EX PARTE : P. D. SWEENEY

CORAM:	Spender J
PLACE :	Brisbane
m:	21 December 1994

REASONS FOR JUDGMENT

This is the adjourned hearing of an application

which commenced by the filing of an application on 8 December

1994 by Naushad Rahmat Aley, who in his application spelt his

-. . . . .- - . . . - - . . . . . . .

last name as "ALEY" but who today tells me his proper name is Naushad Rahmat Ali, spelt "ALI" . He seeks that he be granted permission to leave Australia, and that proceedings requiring his attendance on 6 January 1995 be further adjourned until a date to be fixed not earlier than two weeks following the birth of his child.

His wife, who is a Fijian citizen, is approximately

24 weeks pregnant with their child, and the medical evidence

suggests that she is suffering anaemia and having problems with vomiting attacks. It is understandable that that circumstance is a matter of concern and distress to Mr Aley.

The application also seeks that the Federal Police be directed to return his air ticket which was seized from him on

18 November 1994.

2

Dealing with the last matter, it is not possible, it seems to me on this material, to make that order, the evidence suggesting that that document is required in respect of evidence in proceedings which have been brought against Mr Aley in respect of his attempted travel from Australia to Fiji on 18 November 1994.

I indicated on the earlier occasion that I would only be minded to make orders which would enable him to travel to Fiji if there was provided some security directed at ensuring his return to Australia, and I suggested that a cash or bank guarantee surety of $25,000 or some other surety of that amount, or of that order, acceptable to the Registrar, I would have thought, would have been appropriate. Notwithstanding attempts by Mr Aley in that regard, such surety or security has not thus far been provided.

It probably is not fully appreciated by Mr Aley, but his continuing presence in Australia seems to me to be at least desirable, if not necessary, for the unravelling of a number of complicated transactions about which he has given

accounts - not all of them consistent I have to say - which

require the trustee to investigate and to examine documents. Now, unless and until there has been a proper and thorough investigation of these various transactions, his estate and

the extrication of him from the status of bankruptcy will not

be able to be progressed very far at all.

3

On the other hand, I accept that there are good reasons why Mr Aley should be permitted to return, for a short time in any event, to Fiji to await the blrth of his child and to be in attendance on his wife. Those are competing considerations. Until he leaves Australia he should, in his own interests, cooperate fully with the supplying of information and the provision of documentary materlal ln relation to the transactions which the trustee is obliged to investigate.

As to hls travel to Flji, I make it plain that I am not prepared to make any order to facilitate that in the absence of provision of security for hls return. If he is able to organise security of the sort that I have indicated, then I am qulte prepared to entertain hls application to leave Australia. The orders that I propose to make today are to decline to make any order on the application which he has brought to the court (belng the application of 8 December 1994 to adjourn that application) however, and to grant liberty to apply to Mr Aley to bring the matter back before this court as a matter of urgency.

On telephone communication to the Registrar, the court will be able to entertain that application wlthin a short time of that communication, provlded that notice is also glven to the solicitor for the trustee. I would be prepared to entertain any further application in that regard at any time between now and the end of January.

I c e r t i f y t h a t t h e p r e c e d i n g

t h r e e ( 3 ) p a g e s a r e a t r u e c o p y

o f t h e r e a s o n s f o r ludgment

t h e Honourable J u s t i c e

I

Date: 21 December 1994

Mr A l e y a p p e a r e d i n p e r s o n .

Counse l f o r t h e t r u s t e e : Mr S . R . E l e f t h e r i o u

i n s t r u c t e d b y : Mr B . H o l l a s o f S l y & W e l g a l

Cannan & P e t e r s o n

- Date o f H e a r i n g : 21 December 1994