FEDERAL COURT OF AUSTRALIA

Lees v O’Dea [2014] FCA 571 

Citation:	Lees v O’Dea [2014] FCA 571	
		
Parties:	JOHN ROBERT LEES and MAT NG v PETER JOHN O'DEA	
		
File number:	VID 158 of 2014	
		
Judge:	NORTH J	
		
Date of judgment:	30 April 2014	
		
Date of hearing:	30 April 2014	
		
Place:	Melbourne	
		
Division:	GENERAL DIVISION	
		
Category:	No Catchwords	
		
Number of paragraphs:	9	
		
Counsel for the Applicants:	Mr C D Freeman	
		
Solicitor for the Applicants:	RE Barros & Company	
		
Solicitor for the Respondent:	Amanda Carruthers of Lewis Holdway Lawyers	

IN THE FEDERAL COURT OF AUSTRALIA		
VICTORIA DISTRICT REGISTRY		
GENERAL DIVISION	VID 158 of 2014	
 
BETWEEN:	JOHN ROBERT LEES
First Applicant

MAT NG
Second Applicant
	
AND:	PETER JOHN O'DEA
Respondent

JUDGE:	NORTH J	
DATE OF ORDER:	30 APRIL 2014	
WHERE MADE:	MELBOURNE	

THE COURT ORDERS THAT:

1.	In response to the Letter of Request from the High Court of Hong Kong dated 12 March 2014 this Court will, pursuant to s 29 of the Bankruptcy Act 1966 (Cth), exercise such powers with respect to the bankruptcy of the respondent, as it could if the matter had arisen within its own jurisdiction.
2.	By 15 May 2014, the respondent file and serve on the applicant's solicitor a written statement of affairs as required under s 54 of the Bankruptcy Act 1966 (Cth).
3.	A Registrar of the Court exercise powers pursuant to s 81 of the Bankruptcy Act 1966 (Cth), including to summon the respondent, and such other persons as the Registrar deems appropriate, to attend for examination on oath about the respondent's examinable affairs and to make orders concerning the production of documents for the purpose of that examination as are necessary.
4.	By 4 pm on 1 May 2014, the respondent deliver up to the Victorian District Registrar of the Federal Court all of his current passports. 

Note:	Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA		
VICTORIA DISTRICT REGISTRY		
GENERAL DIVISION	VID 158 of 2014	
 
BETWEEN:	JOHN ROBERT LEES
First Applicant

MAT NG
Second Applicant
	
AND:	PETER JOHN O'DEA
Respondent

JUDGE:	NORTH J	
DATE:	30 APRIL 2014	
PLACE:	MELBOURNE	

REASONS FOR JUDGMENT
1		The applicants, John Robert Lees and Mat Ng, are the trustees in bankruptcy of Peter John O’Dea pursuant to an order made in the High Court of Hong Kong on 3 July 2013.  
2		The trustees apply for an order under s 29(3) of the Bankruptcy Act 1966 (Cth) (the Act) which provides:
Where a letter of request from a court of an external Territory, or of a country other than Australia, requesting aid in a matter of bankruptcy is filed in the Court, the Court may exercise such powers with respect to the matter as it could exercise if the matter had arisen within its own jurisdiction.

3		The applicants have provided a letter of request from the High Court in Hong Kong requesting assistance to the applicants in obtaining the following orders:
1.	An order for a public examination of the Bankrupt under section 81 of the Act;

2.	An order for an examination of the persons referred to in paragraphs (e) and (f) above to be examined under section 81 of the Act;

3.	An order for the delivery up of the Bankrupt’s passport;

4.	An injunction restraining the bankrupt dealing with an asset in the jurisdiction;

5.	An order for the filing of a Statement of Affairs by the bankrupt (which sets out the assets, liabilities and dealings of the bankrupt);

6.	An order for the production of documents; and

7.	Such other as the Trustee may seek and the Federal Court of Australia may deem appropriate. 

4		The affidavits in support of the application indicate that the applicants had reason to believe that Mr O’Dea lives in Australia at 33 Thomson St, Maidstone Victoria 3012.  The affidavits depose to many attempts to serve him or bring various legal proceedings to his attention at that address with little success.  However, on 13 April 2014 the present application together with the affidavits in support, were served at that address. Mr O’Dea then appeared with legal representation at the return of the application.  
5		The material before the Court justifies an order under s 29(3) of the Act.  
6		Following a short adjournment at the hearing of the application, the parties agreed that the Court should make an order that Mr O’Dea file and serve on the solicitors for the applicants a statement of affairs of the kind for which s 54 of the Act provides by 15 May 2014.  They have also agreed that the Court should make an order that a Registrar exercise the power of examination under s 81 of the Act to conduct an examination on oath of Mr O’Dea about his examinable affairs and give directions about the production of such documents as are within his possession which relate to his examinable affairs.  
7		There was, however, contention about whether the Court should order that Mr O’Dea deliver up all his current passports to the Victorian District Registrar of the Court.  Mr O’Dea argued that he is about to be appointed to a job which will require some travel within Asia and to the United States. He said that the job had been difficult to attain and, by implication, that he did not wish to jeopardise his position by not having a current passport.  The Act imposes an obligation on a person in Mr O’Dea’s position to hand over his passport to the trustee. There is no justification sufficient for that provision not to operate in the present case.  
8		It has been made clear to Mr O’Dea that, should there be a need for him to travel overseas he is entitled to ask the trustees for permission. If that permission is unreasonably refused he has recourse to the Court and the Court will, as a matter of urgency in the event that he is required to travel, act to ensure that he retains his job.  
9		In these circumstances, there will be an order that Mr O’Dea deliver up his passport to the Victorian District Registrar of the Court by 4 pm tomorrow, 1 May 2014. 
		
I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.	

Associate:

Dated:	2 June 2014