Hyams; ex parte Andrew [1979] FCA 154

toe

15e|77

LN THO PEDERAL COTIRT_ OF _AMSTRALTA

—

GENTRAL DIVTSTON

BANKRUPTCY DLSTRICT OF TH STATD Wo. W174 of 1976

OF NEW SOUTH WALES AND THE

AUSTRALIAN CaPLTAL TERRLTORY

RE: RONALD BARMCUP BY to EX PARTE: WI LTAM EDWARD ANDRE

ml TJLRWE TE ERS

1)

TANS (a mair) and

Second Pesepoudents

ORDER JUDGE MAKING ORDER: LOCKHART u. WHORE MADE: SYDNEY DATE OP ORDER: 75 OCTOBER 1979

THE COURT ORDERS THAT:

Le It be declared that the sum of 16,699.12 (toreiher with interest that has accrued thereon) held by the hambmars Lt Building Society of 55 Gawler Place, Adelaide, South Auslrelie in the yoint names of the bankrupt and the second respondenis

2s not a divisibie asset in the bankrupl estate of Roraid

Barnett Jlyams.

2. It be declared that the said sum of 816,699.12 logethes

with anterest accrued thereon 1s held by the said building soctiee,

upon trust for the first reepondeut.

3. The said sum of $16,699.12 togelher with irterest

~

-2-

thereon be paid to the first respondenr.

AY The costs of all parties, those of the

second respondents being as submitiing respondents,

be paid out of the Pund.

This order is made by consent.

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE NO. W174 OF 1976

OF NEW SOUTH WALES AND THE

eee we ee

AUSTRALIAN CAPITAL TERRITORY

RE: RONALD BARNETT HYAMS

EX PARTE: WILLIAM EDWARD ANDREW

Applicant

LIBERTY MORTGAGE UNDERWRITERS (S.A. PTY. LIMITED

First Respondent

D.J. EVANS (a male) and P.D. MURRAY (a male)

Second Respondents REASONS FOR JUDGMENT LS bch 1979 LOCKHART J.

This is an application by the trustee of the estate of Ronald Barnett Hyams ("the bankrupt") for a declaration that the sum of $16,699.12 held by the Hindmarsh Building Society of Adelaide in the joint names of the bankrupt and the second respondents, together with accrued interest (I shall refer to the said sum and the accrued interest as "the fund"), is a divisible asset in the bankrupt's estate and a