Re Molina, Jose Ex Parte Wily, Hugh Jenner [1995] FCA 1057

Re Molina, Jose Ex Parte Wily, Hugh Jenner [1995] FCA 1057

Although compassionate reasons were advanced, the father's death had occurred more than eight and a half months earlier, the applicant had minimal family ties in Australia, no assets, debts exceeding $1 million including more than $200,000 owed to the Australian Taxation Office, had offered no security to substantiate his assertion that he would return, and the trustee anticipated needing his assistance for possible recovery of property. Those countervailing considerations meant the matters advanced were insufficient to warrant consent to depart or return of the passports.

Jurisdiction
Australia
Judgment Date
15 December 1995
Procedural Posture
Appeal Under S 178 of the Bankruptcy Act 1966 Against a Trustee's Decision Under S 272(c) Refusing Consent for an Undischarged Bankrupt to Leave Australia and Refusing Return of Passports / Application Before the Federal Court of Australia
Outcome
Application dismissed.
Legal Topics
["trustee's Consent for Bankrupt to Leave Australia" 'return of Passports' 'appeal From Act or Decision of Trustee' 'compassionate Grounds for Overseas Travel' 'administration of Bankrupt Estate']
['bankruptcy'] ["trustee's Consent for Bankrupt to Leave Australia" 'return of Passports' 'appeal From Act or Decision of Trustee' 'compassionate Grounds for Overseas Travel' 'administration of Bankrupt Estate']

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Procedural Posture

Appeal Under S 178 of the Bankruptcy Act 1966 Against a Trustee's Decision Under S 272(c) Refusing Consent for an Undischarged Bankrupt to Leave Australia and Refusing Return of Passports / Application Before the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Court should make an order under s 178 of the Bankruptcy Act 1966 overturning the trustee's refusal under s 272(c) to consent to the applicant leaving Australia." "Whether compassionate grounds arising from the applicant's father's death justified consent to depart and return of passports." 'Whether the applicant was likely to return to Australia if permitted to travel overseas.' "Whether the trustee's need for the bankrupt's assistance in the administration and possible recovery of property for the estate weighed against consent."]

Ratio Decidendi

Although compassionate reasons were advanced, the father's death had occurred more than eight and a half months earlier, the applicant had minimal family ties in Australia, no assets, debts exceeding $1 million including more than $200,000 owed to the Australian Taxation Office, had offered no security to substantiate his assertion that he would return, and the trustee anticipated needing his assistance for possible recovery of property. Those countervailing considerations meant the matters advanced were insufficient to warrant consent to depart or return of the passports.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the respondent of the application.']