Re Aley, N.R. v Ex parte Wadkin Public Ltd Company [1995] FCA 152

Re Aley, N.R. v Ex parte Wadkin Public Ltd Company [1995] FCA 152

The court is empowered under sections 178, 300, and 30 of the Bankruptcy Act 1966 to order the return of a bankrupt's passport on appropriate conditions where the trustee has refused it, particularly in compassionate circumstances and with safeguards for the estate, such as an unconditional banker's undertaking.

Jurisdiction
Australia
Judgment Date
05 January 1995
Procedural Posture
Bankruptcy Application / Interlocutory Application/order
Outcome
Application granted with conditions.
Legal Topics
['passport Return' 'compassionate Grounds Travel' 'security Provision for Travel' 'jurisdiction to Grant Leave to Travel']
['bankruptcy Law'] ['passport Return' 'compassionate Grounds Travel' 'security Provision for Travel' 'jurisdiction to Grant Leave to Travel']

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Procedural Posture

Bankruptcy Application / Interlocutory Application/order

Legal Issues

  1. 1 ["Whether the court has jurisdiction to order the return of a bankrupt's passport" 'Whether orders should be made to permit a bankrupt to leave Australia on compassionate grounds' 'Conditions appropriate for release of passport and overseas travel']

Ratio Decidendi

The court is empowered under sections 178, 300, and 30 of the Bankruptcy Act 1966 to order the return of a bankrupt's passport on appropriate conditions where the trustee has refused it, particularly in compassionate circumstances and with safeguards for the estate, such as an unconditional banker's undertaking.

Court Disposition

Application granted with conditions.

Orders

  • ['The trustee is to hand Mr Aley his passport on specified conditions.' 'Conditions include providing addresses, responsiveness to correspondence, notifications of address/passport/citizenship applications/arrivals and departures, timed return and surrender of passport.' "On noncompliance with condition (d), (f), or...