Re Hockey, G.J. Ex Parte Hockey, G.J.

Case [1992] FCA 663


JN THE FEDERAL COURT OF AUSTRALIA 1
G E N E W DIVISION 1
DISTRICT OF 1
W E OF OUEENSLAND )
RE :  GREGORY JAMES HOCKEY

EX PARTE: GREGORY JAMES HOCKEY

MINUTES OF ORDER

JUDGE MAKING ORDEq:  Drummond J
PATE OF ORDER:  28 August, 1992
WHERE MADE:  Brisbane
THE COURT ORDERS THAT: 

1.        Mr. Gregory James Hockey has leave to absent himself from Australia for a period of twenty three days commencing in the first half of September 1992 for the limited purpose only of fulfilling his employment engagement in Papua New Guinea.

NOTE :  Settlement and entry of orders is dealt with in Rule
124 of the Bankruptcy Rules. 
.IN THE FEDElUL COURT OF AUSTRALIA 1 No. QB 2002 of 1991
W E R A L DIVISION 1
BANKRUPTCY DISTRICT OF 1
THE STATE OF OUEENSLAND 1
RE :  GREGORY JAMES HOCKEY

EX PARTE: GREGORY JAMES HOCKEY

Applicant

m: Drwnmond J

U:  Brisbane

m: 28 August, 1992

EX TEMPORE REASONS FOR JUDGMENT

I am satisfied on the material before me that it is necessary for the applicant bankrupt to leave Australia in order to derive income. I take into account the very extensive attempts he has made to find employment and the very tight market for employment for people in any area in which he

might be able to work.

I note that the applicant's compulsory contributions are up-to-date. He intends to be absent from Australia for a twenty three day period commencing early in September and the evidence indicates that no payments in respect of the compulsory contribution will fall due before he proposes to return to Australia. There is nothing before me to indicate that any of the grounds of objection referred to in S. 149D(l)(b) to (n) exist.

Accordingly I am prepared to grant permission to leave Australia for the limited purpose only of fulfilling the employment engagement in Papua New Guinea which he refers to in his affidavit. This will require his absence from Australia for approximately twenty three days commencing early in September.

The intention of this order is that the trustee will surrender up or give the passport to the applicant so that he can absent himself for the occasion specified in the order.

I certify that this and the preceding

page is a true copy of the reasons
for judgment herein of the Honourable

Mr. Justice Dnumnond.

Associate:  r d w d w
Date :  28 August, 1992
Details
AGLC
Re Hockey, G.J. Ex Parte Hockey, G.J. [1992] FCA 663
Case
[1992] FCA 663
Decision Date

CaseChat Overview and Summary

The case involved an application by Gregory James Hockey to the Federal Court of Australia for leave to leave the country. The court was required to decide whether Mr. Hockey should be granted permission to travel to Papua New Guinea for a limited period to undertake employment, while he was subject to bankruptcy proceedings. The legal issues included whether such travel would facilitate Mr. Hockey's ability to earn income and whether it would be detrimental to his creditors. The court considered the applicant's attempts to find employment and the tight market for jobs, as well as the fact that his compulsory contributions were up-to-date and that no payments would fall due during his proposed absence.

Justice Drummond granted the application, reasoning that it was necessary for Mr. Hockey to leave Australia to earn income, given the limited employment opportunities available to him. The judge noted that Mr. Hockey had made extensive efforts to find work and that there was no evidence to suggest any objection to his travel under the grounds specified in the Bankruptcy Act. The court ordered that Mr. Hockey be allowed to leave Australia for a period of approximately 23 days starting early in September to fulfill his employment engagement in Papua New Guinea. The intention of the order was for the trustee to surrender or provide Mr. Hockey with his passport to enable him to travel for the specified purpose.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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