RE: Bird (as Trustee of the Estate of Yiangos Angos Arcadiou, a bankrupt) Ex Parte: Salvatore Pozzuto, Giovanni Nigro, Pasquale Nigro and Angelo Pozzuto [1979] FCA 12

CATCHWORDS

Bankruptcy Act 1966, s.122 - payees having failed to negative the inferences set out in sub-sec, (4) (c) held not payees in good faith; held, payment void as against the trustee of the estate of the bankrupt.

RE: ALEX NEVILLE BIRD (as Trustee of the Estate of YIANGOS ARCADIOU, a bankrupt)

EX PARTE: SALVATORE POZZUTO, GIOVANNI NIGRO,

PASQUALE NIGRO and ANGELO POZZUTO

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 of the Estate of YIANGOS ARCADIOU, a bankrupt)

EX PARTE: SALVATORE POZZUTO, GIOVANNI NIGRO, PASQUALE NIGRO and ANGELO POZZUTO

ORDER JUDGE MAKING ORDER; SWEENEY J. WHERE MADE: MELBOURNE DATE OF ORDER: 19 DECEMBER 1979

THE COURT DECLARES THAT;

The payment of $10,000.00 made by the bankrupt to the respondents on 29 September 1976 1s void as against the applicant as trustee of the property of the bankrupt and orders that the respondents pay to the applicant the sum of $10,000.00 together with his taxed costs of and incidental to the application, including reserved costs, such costs to be taxed, if not agreed. Liberty to apply is reserved to either

party.

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 of

the estate of YIANGOS ARCADIOU a bankrupt)

Applicant and

SALVATORE POZZUTO,

GIOVANNI NIGRO,

PASQUALE NIGRO and Respondents ANGELO POZZUTO

REASONS FOR JUDGMENT

C.A. Sweeney J. 19 December, 1979

In this application, as amended by leave, the

applicant seeks the following declarations and orders:

w (a)