Re: Estate of Anthony Philip Martin; Ex Parte: Grellman, Richard John (Trustee) v Martin

[1988] FCA 862

IN THE FEDERAL COURT OF AUSTRALIA )

)

GENERAL DIVISION	1
)

BANJSRmTCY DISTRICT	IN THE	)	No. W 1492 of 1988
1

STATE OF NEW SOUTH WALES AND TEE 1 1

AUSTRALIAN CAPITAL TERRITORY 1

Re :

- ESTATE OF ANTEONY PEILIP MARTIN
Bankrupt

Ex Parte:  RICHARD JOEN GRELLMAN
Trustee of the Bankrupt Estate

Applicant

-	And :	ANTHONY PHILIP MARTIN	and
CAROL-ANNE MARTIN

Respondent

CORAM: Einfeld J.

-	DATE: 10 June 1988
PLACE: Sydney

EX-TEMPORE JUDGMENT

This is an application by the trustee of the bankrupt estate of Anthony

an opportunity to the proposed respondents to the injunction to be

Philip Martin, who, in today's ex parte hearing, seeks injunctive relief

against the bankrupt and his wife (the respondents) to prevent the

registration of a deed between the respondents dated 10 October 1986 in

the Family Court of Australia, pursuant to the provisions of section 86

of the Family Law Act 1975.

It is unusual to grant ex parte injunctions in this Court without giving

heard, but the evidence before me indicates that if registration is

effected, albeit now one year and eight months after the deed has been

executed, there may result an irremediable transfer of the property of

the bankrupt out of the reach of the trustee.

I make no judgment at this time	on whether the law has that effect. It
certainly would be extraordinary if the mere registration of	a deed in

the Family Court would have the effect of placing relevant property out

of the reach of the trustee, whereas if the same transfer had been

effected by the ordinary method through the Registrar General's office,

relief would be able to to be obtained. However,	I am prepared to
assume for present purposes that registration	in the Family Court might
have that result.

In view of the long delay since the execution of the deed, and because

even now, after so long, registration has not been effected, it seems to

me that no hardship	or prejudice will be caused to the respondents if	I
formally order the non-registration of the document for	a	few days to
enable the respondents to be heard.

For those reasons, I order until further order that the respondents and

their respective solicitors, their servants and agents, be restrained

from registering	or taking any steps to register the deed	in the Family
Court of Australia,	or to otherwise register any transfer	or assignment

of the interest of the bankrupt in the land described in Certificate of Title Volume 14079 Folio 167, at present registered in the name of the bankrupt.

I pronounce those injunctions having received from counsel for the

trustee, said to be on the express instructions of the trustee, the

usual undertaking as to damages upon the grant	of	injunctive relief.
Costs	in the matter will be reserved. The application	is returnable
before me at	9.30 on Thursday	16 June.

I	direct that service of the application, the affidavits and the
appropriate exhibits be effected upon the respondents	by not later than
5 pm on Monday	13 June.

./

I certify that this and the i “0

preceding p e p s are a true copy of thn
Reasons for Judgment herein of his Honour

Mr. Justice Etnfeld