Re Aley N.R. Ex parte P.D. Sweeney [1994] FCA 1078

Re Aley N.R. Ex parte P.D. Sweeney [1994] FCA 1078

The application for leave to travel is declined in the absence of provision of adequate security for the applicant's return, considering the necessity of his presence for trustee investigations. Adjournment and liberty to apply are granted until the end of January 1995.

Parties
Applicant: Naushad Rahmat Aley; Trustee: P. D. Sweeney
Jurisdiction
Australia
Judgment Date
21 December 1994
Procedural Posture
Bankruptcy / Interlocutory Application; Adjournment
Outcome
Application declined; adjournment and liberty to apply granted; costs reserved.
Legal Topics
Leave to Travel, Adjournment, Provision of Security, Trustee Investigation
Bankruptcy Leave to Travel Adjournment Provision of Security Trustee Investigation

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Parties

Naushad Rahmat Aley

Applicant

P. D. Sweeney

Trustee

Procedural Posture

Bankruptcy / Interlocutory Application; Adjournment

Legal Issues

  1. 1 Whether the applicant should be granted permission to leave Australia pending the trustee's investigations
  2. 2 Whether an adjournment should be granted on proceedings requiring the applicant's attendance
  3. 3 Whether conditions (provision of security) should be imposed for leave to travel

Ratio Decidendi

The application for leave to travel is declined in the absence of provision of adequate security for the applicant's return, considering the necessity of his presence for trustee investigations. Adjournment and liberty to apply are granted until the end of January 1995.

Court Disposition

Application declined; adjournment and liberty to apply granted; costs reserved.

Orders

  • Declines to make an order on the application filed 8 December 1994.
  • Adjourns the application and grants liberty to the bankrupt to bring the matter back before the Court as a matter of urgency between now and the end of January 1995.