Clyne, Peter Leopold v O'Brien, John William & Ors [1984] FCA 178

Clyne, Peter Leopold v O'Brien, John William & Ors [1984] FCA 178

Given applicant's lack of probity, risk of absconding, and the insufficiency of guarantees to protect creditors, permission to travel overseas is refused; none of the grounds advanced justify leave, especially absent applicant's acceptance of proposed conditions.

Parties
Applicant: Peter Leopold Clyne; Respondent: John William O'Brien; Respondent: William Edward Andrew; Respondent: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
27 June 1984
Procedural Posture
Bankruptcy Application / Application for Permission to Travel by Bankrupt
Outcome
Application for permission to travel is refused; costs reserved.
Legal Topics
Trustee's Control Over Bankrupt, Permission to Travel Overseas by Bankrupt, Relevant Considerations for Leave
Bankruptcy Trustee's Control Over Bankrupt Permission to Travel Overseas by Bankrupt Relevant Considerations for Leave

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Peter Leopold Clyne

Applicant

John William O'Brien

Respondent

William Edward Andrew

Respondent

Deputy Commissioner of Taxation

Respondent

Procedural Posture

Bankruptcy Application / Application for Permission to Travel by Bankrupt

Legal Issues

  1. 1 Whether the bankrupt should be granted leave to travel overseas
  2. 2 What considerations are relevant to trustee's refusal
  3. 3 Appropriate balancing of interests between bankrupt and creditors

Ratio Decidendi

Given applicant's lack of probity, risk of absconding, and the insufficiency of guarantees to protect creditors, permission to travel overseas is refused; none of the grounds advanced justify leave, especially absent applicant's acceptance of proposed conditions.

Court Disposition

Application for permission to travel is refused; costs reserved.

Orders

  • Application for permission to travel is refused.
  • Costs reserved.