Re Yiangos Arcadiou Ex Parte Guardian Investments Pty Ltd & Anor [1979] FCA 158

IN THE FEDERAL COURT OF AUSTRALIA No. 68 of 1977

VICTORIA DISTRICT REGISTRY o GENERAL DIVISION {

JUDGMENT No, [28 7

Re YIANGOS ARCADIOU Bankrupt

GUARDIAN INVESTMENTS PROPRIETARY LIMITED Applicant

Ex parte

and

ALEX NEVILLE BIRD the Trustee of the property of Yiangos

Arcadiou a bankrupt Respondent.

REASONS FOR JUDGMENT

C. A. Sweeney, J 22 May, 1979.

The applicant, Guardian Investments Pty. Ltd.,

seeks the following declarations and orders :-

"1,

A declaration that the applicant is a mortgagee of the land described in Certificate of Title Volume 8702 Folio 229 in the Register Book of the Office of Titles at Melbourne and known as Lot 417 San Remo Drive Avondale Heights and having been the property of the bankrupt until his bankruptcy and that the applicant holds such mortgage as security for a debt of $82,322.82 due by the bankrupt to the applicant or as security for such other sum as may be found to be due to the applicant pursuant to such mortgage.

A declaration that the applicant 18 a mortgagee of the land described in Certificate of Title Volume 6055 Folio 902 in the said Register Book and known as 127 Anderson Road Sunshine and having been the property of the bankrupt until his bankruptcy and that the applicant holds such mortgage as security for a debt of $147,425.16 due by the bankrupt to the applicant or as security for such other sum as may be found to be due to the applicant pursuant to such mortgage.

f2

5A

5B

A declaration that the applicant is a mortgagee of the land described in Certificate of Title Volume 9151 Folio 993 and in Certificate of

Title Volume 9151 Folio 999 in the said Register Book and known as 1 and 2 Hendry Street Sunshine and having been the property of the bankrupt until his bankruptcy and that the applicant holds

such mortgage as security for a debt of $21,152.69 due by the bankrupt to the applicant or as