Lees v O'Dea [2014] FCA 571

Lees v O'Dea [2014] FCA 571

The material before the Court justifies the exercise of powers under s 29(3) of the Bankruptcy Act 1966 (Cth) in aid of a letter of request from a foreign court. No justification sufficient for exempting the respondent from the Act's obligation to deliver up his passport was found, given the statutory scheme and the availability of recourse to the trustees and the Court if travel is required.

Jurisdiction
Australia
Judgment Date
30 April 2014
Procedural Posture
Application Responding to Foreign Letter of Request (bankruptcy) / Hearing and Determination of Application
Outcome
Application granted in part; orders made as per applicants' request except as modified after hearing parties.
Legal Topics
['cross Border Insolvency' 'trustees in Bankruptcy' 'examination of Bankrupt' 'production of Documents' 'delivery of Passport']
['insolvency' 'bankruptcy'] ['cross Border Insolvency' 'trustees in Bankruptcy' 'examination of Bankrupt' 'production of Documents' 'delivery of Passport']

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Procedural Posture

Application Responding to Foreign Letter of Request (bankruptcy) / Hearing and Determination of Application

Legal Issues

  1. 1 ["Whether to exercise powers under s 29(3) of the Bankruptcy Act 1966 (Cth) in response to a foreign court's letter of request" 'Whether an order for delivery up of passport should be made against the respondent']

Ratio Decidendi

The material before the Court justifies the exercise of powers under s 29(3) of the Bankruptcy Act 1966 (Cth) in aid of a letter of request from a foreign court. No justification sufficient for exempting the respondent from the Act's obligation to deliver up his passport was found, given the statutory scheme and the availability of recourse to the trustees and the Court if travel is required.

Court Disposition

Application granted in part; orders made as per applicants' request except as modified after hearing parties.

Orders

  • ['The Court will exercise powers under s 29 of the Bankruptcy Act 1966 (Cth) as if the matter had arisen within its own jurisdiction.' 'By 15 May 2014, the respondent must file and serve a written statement of affairs as required under s 54 of the Bankruptcy Act 1966 (Cth).' 'A Registrar of the Court to exercise...