Re Van Haeff, Robert William Ex Parte Lawson, George Eric [1983] FCA 202

Re Van Haeff, Robert William Ex Parte Lawson, George Eric [1983] FCA 202

Given the timing of the notice for cross-examination, the lack of prejudice to the bankrupt, the absence of affidavit evidence disputing the valuation or other facts, and the court’s discretion under Rule 135(2), it is appropriate to grant the orders sought by the trustee and allow use of the affidavits.

Parties
Applicant: Gordon Eric Lawson; Respondent: Robert William Van Haeff
Jurisdiction
Australia
Judgment Date
15 August 1983
Procedural Posture
Bankruptcy Application / Ex Tempore Judgment on Application for Orders Under Bankruptcy Act 1966 S 135
Outcome
Orders 1, 2, and 3 as sought by the applicant granted.
Legal Topics
Trustee Powers, Sale of Property, Affidavit Evidence, Cross Examination, Delivery of Title Deeds
Bankruptcy Trustee Powers Sale of Property Affidavit Evidence Cross Examination Delivery of Title Deeds

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Parties

Gordon Eric Lawson

Applicant

Robert William Van Haeff

Respondent

Procedural Posture

Bankruptcy Application / Ex Tempore Judgment on Application for Orders Under Bankruptcy Act 1966 S 135

Legal Issues

  1. 1 Whether the trustee should be granted leave to sell property of the bankrupt by private contract
  2. 2 Whether the bankrupt should be ordered to deliver duplicate certificates of title to the trustee
  3. 3 Whether the affidavits of the trustee and another deponent can be used without cross-examination of the deponents

Ratio Decidendi

Given the timing of the notice for cross-examination, the lack of prejudice to the bankrupt, the absence of affidavit evidence disputing the valuation or other facts, and the court’s discretion under Rule 135(2), it is appropriate to grant the orders sought by the trustee and allow use of the affidavits.

Court Disposition

Orders 1, 2, and 3 as sought by the applicant granted.

Orders

  • Trustee granted leave to sell by private contract the lands described as lots 75–79 on registered plan number 149387, County of Stanley, Parish of Mackenzie, volume 5422, folios 196–200, situated at Loganholme, Queensland.
  • Bankrupt to deliver to the trustee, within seven days, the duplicate certificates of title for lots 76 and 77 on registered plan number 149387, certificates of title volume 5422 folios 197 and 198.