RE McKee, James Thomas Colwell & Anor (Debtors) EX PARTE Laroar Holdings Pty Ltd & Ors (Applicants) v Ross, Digby Nicholas Bartholomew (Respondent) [1996] FCA 1170

RE McKee, James Thomas Colwell & Anor (Debtors) EX PARTE Laroar Holdings Pty Ltd & Ors (Applicants) v Ross, Digby Nicholas Bartholomew (Respondent) [1996] FCA 1170

Notices issued by the Official Receiver were too wide and went beyond the statutory authority in s 77C Bankruptcy Act 1966; they must be set aside. Trustee may be joined as a party, and issues relating to procedure and scope of examination were decided in favour of respondents except for the width of the notices.

Jurisdiction
Australia
Judgment Date
04 December 1996
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application granted in part; notices set aside; costs awarded to applicants; extension granted for trustee's election.
Legal Topics
["official Receiver's Powers" 's 77 C Bankruptcy Act 1966' 'notice to Third Parties' 'review of Administrative Decisions' 'scope and Validity of Examination Notices']
['bankruptcy' 'administrative Law'] ["official Receiver's Powers" 's 77 C Bankruptcy Act 1966' 'notice to Third Parties' 'review of Administrative Decisions' 'scope and Validity of Examination Notices']

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Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether s 77C Bankruptcy Act 1966 empowers the Official Receiver to issue notices as wide as those challenged' "Whether trustee is a 'person interested in a decision' under s 12 Administrative Decisions (Judicial Review) Act 1977" 'Whether Official Receiver failed to take into account material considerations' "Whether procedure for examination under s 77C permitted involvement by trustee's advisers" 'Whether notices issued were oppressive or beyond power']

Ratio Decidendi

Notices issued by the Official Receiver were too wide and went beyond the statutory authority in s 77C Bankruptcy Act 1966; they must be set aside. Trustee may be joined as a party, and issues relating to procedure and scope of examination were decided in favour of respondents except for the width of the notices.

Court Disposition

Application granted in part; notices set aside; costs awarded to applicants; extension granted for trustee's election.

Orders

  • ['Each notice, the subject of the order of review, is set aside.' "Respondents to pay applicants' costs, to be taxed if not agreed." 'Time for election by Ivor Worrell under s 60(2) Bankruptcy Act 1966 in Action No 2465 of 1995 in Supreme Court of Queensland extended to 21 March 1997.']