| IN THE | FEDERAL COURT OF AUSTRALIA ) |
)
| 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