Federal Court of Australia
CATCHWORDS
Bankruptcy Act 1966 s.122 - payee having failed to prove that it was a payee in the ordinary course of business, payment having been received as a result of statement made by payee at a meeting of certain of the bankrupt's creditors and as a result of the issue and service of a writ, payment declared void against the trustee of the estate of the bankrupt
as a preference.
Re: Alex Neville Bird (as Trustee of the estate of Yiangos Arcadiou, a bankrupt)
Ex parte: Tasmanian Board Mills Ltd. trading as Country and Western
SWEENEY J. 19 DECEMBER 1979
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. 68 of 1977
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
RE: ALEX NEVILLE BIRD (as Trustee cof the Estate of YIANGOS ARCADIOU, a bankrupt)
EX PARTE: TASMANIAN BOARD MILLS LTD. trading as Country and Western.
ORDER JUDGE MAKING ORDER: SWEENEY J. WHERE MADE: MELBOURNE DATE OF ORDER: 19 DECEMBER 1979
THE COURT DECLARES THAT:
The payment of $15,000 made by the bankrupt to the respondent on 28 September, 1976 and the payment of $5,000 made by the bankrupt to the respondent on
9 October 1976 are void as against the applicant as trustee of the property of the bankrupt and orders that the respondent pay to the applicant the sum of $20,000. It is further ordered that the respondent pay the applicant's costs of and incidental to the application, including reserved costs, such costs to be taxed if not agreed. Liberty 1s reserved to
either party to apply.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE
No. 68 of 1977
STATE OF VICTORIA
Re: Alex Neville Bird(as Trustee of the estate of Yiangos
Arcadiou, a bankrupt)
Applicant
Tasmanian Board Mills Ltd. trading as Country and Western
Respondent
REASONS FOR JUDGMENT
C.A. Sweeney J. 19 December, 1979
In this application, as amended by leave, the
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