Re Humfrey & Anor Ex parte Official Trustee in Bankruptcy [1994] FCA 952

Section 179 of the Bankruptcy Act 1966 applies to the Official Trustee as trustee of a bankrupt estate. The natural meaning of 'trustee' in s.179(1) is broad and encompasses the Official Trustee; nothing in the Act warrants a contrary construction.

Parties: Applicant/bankrupt: Jack Peter Humfrey; Applicant/bankrupt: Verna Alison Humfrey; Respondent: Official Trustee in Bankruptcy
Jurisdiction: Australia
Judgment Date: 08 December 1994
Procedural Posture: Bankruptcy Application / Preliminary Issue—applicability of S.179 of Bankruptcy Act 1966 to Official Trustee
Outcome: Declaration made; application amendment granted; hearing adjourned; costs order made in favour of applicants.
Legal Topics: Removal of Trustee, Official Trustee Powers

Bankruptcy Removal of Trustee Official Trustee Powers

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Parties

Jack Peter Humfrey

Applicant/bankrupt

Verna Alison Humfrey

Applicant/bankrupt

Official Trustee in Bankruptcy

Respondent

Procedural Posture

Bankruptcy Application / Preliminary Issue—applicability of S.179 of Bankruptcy Act 1966 to Official Trustee

Legal Issues

1 Does s 179 of the Bankruptcy Act 1966 apply to the Official Trustee as trustee of a bankrupt estate?

Ratio Decidendi

Court Disposition

Declaration made; application amendment granted; hearing adjourned; costs order made in favour of applicants.

Orders

Declare that s.179 of the Bankruptcy Act 1966 applies to the Official Trustee as trustee of a bankrupt estate.
The bankrupts have leave to amend generally the application dated 7 October 1994.