Re Nilant, C.P.L. v Ex parte Nilant, C.p.l

IN THE FEDERAL COURT )
OF AUSTRALIA 1
GENERAL DIVISION 1
BANKRUPTCY DISTRICT )
OF THE STATE OF )
WESTERN AUSTRALIA

) No. ART 1 of 1989
RE: CHARLES PHILLIPE LOUIS NILANT

EX PARTE: CHARLES PHILLIPE LOUIS

NILANT

- _ .

Applicant

CO-

:

FRENCH J . 8 May 1989

EX TEMPORE REASONS FOR JUDGMENT

I am satisfied that the applicant in this case, being an associate of the Institute of Chartered Accountants in Australia, is a member of a prescribed body and that he does hold qualifications that are equivalent to those mentioned in sub-s.l55(3A)(ii) of the Act. I am also satisfied that the other matters mentioned in sub-s.l55(3A) are made out, that there is no disqualifying fact in existence, and that therefore the applicant ought to be registered as a trustee.

I propose, therefore, to make an order that upon the applicant entering into a bond in the sum of $100,000 with such surety or sureties as is or are approved by the registrar that he be registered as a trustee in bankruptcy.

Date: k 5 g q
I certify that this page is a true copy of the Ex tempore Reasons for

Judgment o f x s yonou4r Ju;itice French

Associate: &Mt /%&W , - - ~-

Counsel for the Applicant: Mr R. Butcher

Solicitors for the Applicant: Butcher Paul1 & Calder

MC F. O'Driscoll appeared on behalf of the Official Receiver

Date of Hearing: 8 May 1989
Date of Judgment: 8 May 1989

CaseChat Overview and Summary

The matter of Re Nilant, C.P.L. v Ex parte Nilant, C.P.L. was heard in the Federal Court of Australia, General Division, Bankruptcy District of the State of Western Australia. The applicant, Charles Phillipe Louis Nilant, sought to be registered as a trustee in bankruptcy. The decision was delivered ex tempore by French J on 8 May 1989. The primary legal issue before the court was whether the applicant met the criteria to be registered as a trustee in bankruptcy under sub-s.155(3A) of the relevant Act. The court had to determine if Nilant was a member of a prescribed body, held qualifications equivalent to those specified in the Act, and if there were any disqualifying factors that would prevent his registration.

The court found that the applicant fulfilled the requirements set out in sub-s.155(3A). Nilant was indeed a member of a prescribed body, the Institute of Chartered Accountants in Australia, and held qualifications equivalent to those required by the Act. The court was satisfied that all other conditions stipulated in the subsection were met and that there were no disqualifying factors present. Consequently, the court concluded that Nilant should be registered as a trustee in bankruptcy. French J proposed to make an order for Nilant's registration upon him entering into a bond of $100,000 with an approved surety.

The final orders of the court were that Charles Phillipe Louis Nilant be registered as a trustee in bankruptcy upon entering into a bond of $100,000 with an approved surety, as per the decision rendered on 8 May 1989.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Judgment o f x s yonou4r Ju;itice	French
Associate: &Mt */%&W*	, - - ~-

Date of Hearing:	8 May 1989
Date of Judgment:	8 May 1989