Re Mottee, Jack Peter ex Parte Mottee, Gloria Ann [1977] FCA 20

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IN THE FEDERAL COURT OF BANKRUPTCY BANKRUPTCY DISTRICT OF THE STATS OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

) ) No. N.S.W. 532 of 1975 ) )

RE: JACK PETER MOTTEE EX PARTE: GLORIA ANN MOTTEE, Applicant THE OFFICIAL RECEIVER, Respondent REASONS FOR JUDGMENT Riley J.

18 May 1977

This is an application by Gloria Ann Mottee, the former wife of the bankrupt Jack Peter Mottee who on his own petition became bankrupt pursuant to s. 55 of the Bankruptcy Act 1966 on 19 December 1975, Though dated 3 June 1976, the application was in fact filed on 2 June 1976. It is opposed by the Official Receiver, the trustee of the bankrupt's estate.

As amended by leave, the application seeks:

(1) an order that the bankruptcy be annulled, on the ground that the petition presented by the bankrupt ought not to have been presented;

(2) or, alternatively, a declaration that (a) the property of the bankrupt does not include

the sum of $15,000 which sum is portion of the moneys realised or brought to credit in the estate From the sale of the forrer matrimonial home known as 7 Woodward Flace, St. Ives, together with interest thereon calculatece at the rate of 12% per annum From

2 April 1976; or

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(b) the Official Receiver as trustee of the estate of the bankrupt shall be at liberty to pay to the applicant the said sum of $15,000 together with interest thereon calculated at the rate of 12% per annum from 2 April 1976 until date of payment;

(3) an order for costs.

Mr. and Mrs. Mottee were married in 1959 and lived together until 1973 when Mr. Mottee left his wife. At that time they were living in the matrimonial home 7 Woodward Place,

St. Ives, near Sydney. Title to the house was registered in their joint names.