Re: CHRISTOPHER CHARLES SKASE
Ex parte: MAX CHRISTOPHER DONNELLY
No. Q B1253 of 1991
FED No. 660
Bankruptcy - Practice and Procedure - Costs
(1992) 37 FCR 509
(1992) 114 ALR 303
COURT
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND
GENERAL DIVISION
Drummond J.(1)
CATCHWORDS
Bankruptcy - application under s. 264B(1)(a) of Bankruptcy Act 1966 (Cth) for issue of warrants for arrest of bankrupt and his wife for non-compliance with s. 81(1) summons - respondents both outside jurisdiction - applicant conceded no power to execute warrants if issued - discussion of elements of s. 264B(1) - finding that court had power to issue - futile exercise to issue - application for warrants dismissed
Practice and Procedure - application for transfer of records and documents relating to bankrupt's estate to New South Wales Registry - no express power of transfer contained in Bankruptcy Act or Bankruptcy Rules - transfer order made pursuant to s. 30(1)(b) of the Bankruptcy Act and rule 113(1) of the Bankruptcy Rules.
Costs - no order as to costs in relation to application for warrant for bankrupt's arrest - detailed consideration of bankrupt's misconduct leading up to making of application and prior to hearing - successful bankrupt deprived of his costs even though trustee brought futile application
Bankruptcy Act 1966 (Cth) - ss. 30(1)(b), 32, 81, 264A and 264B
Bankruptcy Rules - rr. 113 and 115
Cummings v Lewis (unreported) (NG 668 of 1989, 29 May, 1992: Wilcox J
Gold Star Publications Ltd v Director of Public Prosecutions (1981) 1 WLR 732
Re Skase (1991) 104 ALR 229
HEARING
BRISBANE
#DATE 4:9:1992
Counsel for the trustee: S.G. Finch
Solicitors for the trustee: Allen Allen and Hemsley
Counsel for the bankrupt: A.J.H. Morris
Solicitors for the bankrupt: Kenny and Loel
ORDER
THE COURT ORDERS THAT:
1. The application for the issue of warrants for the arrest of
Mr and Mrs Skase is dismissed.
2. In relation to the application for the issue of a warrant
for the arrest of Mr Skase, there will be no order as to costs.
3. The Registrar in Bankruptcy for the Bankruptcy District of
the State of Queensland ("the Queensland Registrar") transmit to the Registrar in Bankruptcy for the Bankruptcy District of the State of New South Wales ("the New South Wales Registrar") the records and documents relating to the estate of Christopher Charles Skase No. QB 1253 of 1991 which are within the custody of the Queensland Registrar.
4. Upon the transmission of the records and documents referred
to in order 3, the administration of the estate of Christopher Charles Skase pursuant to the filing and acceptance of debtor's petition dated 13 June, 1991 and all proceedings connected therewith continue in all respects as if the said debtor's petition had been filed and accepted in the Bankruptcy District of the State of New South Wales.
5. Upon receipt of the said records and documents the New South
Wales Registrar take all such steps as may be…
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- AGLC
- Re Skase, C.C. Ex Parte Donnelly, M.C. [1992] FCA 660 ((1992) 37 FCR 509; (1992) 114 ALR 303)
- Case
- [1992] FCA 660
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
THE COURT ORDERS THAT:
1. The application for the issue of warrants for the arrest of
Mr and Mrs Skase is dismissed.
2. In relation to the application for the issue of a warrant
for the arrest of Mr Skase, there will be no order as to costs.
3. The Registrar in Bankruptcy for the Bankruptcy District of
the State of Queensland ("the Queensland Registrar") transmit to the Registrar in Bankruptcy for the Bankruptcy District of the State of New South Wales ("the New South Wales Registrar") the records and documents relating to the estate of Christopher Charles Skase No. QB 1253 of 1991 which are within the custody of the Queensland Registrar.
4. Upon the transmission of the records and documents referred
to in order 3, the administration of the estate of Christopher Charles Skase pursuant to the filing and acceptance of debtor's petition dated 13 June, 1991 and all proceedings connected therewith continue in all respects as if the said debtor's petition had been filed and accepted in the Bankruptcy District of the State of New South Wales.
5. Upon receipt of the said records and documents the New South
Wales Registrar take all such steps as may be necessary or appropriate to give effect to order 4 hereof, including, without limiting the generality of the foregoing, the assignment of such number and/or heading to be used in the entitlement of documents as may be convenient.
6. The costs of the application for transfer are the trustee's
costs in the administration of the estate of Christopher Charles Skase.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of
the Bankruptcy Rules.
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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