Federal Court of Australia
CATCHWORDS
Bankruptcy- Administration of bankrupt's estate -
' Application by Official Receiver that proceeds of sale of land are held on trust for the bankrupt - Intention to create a trust - Whether legally binding
relations created.
RE ROONEY DARCY WALL: EX Pare THe Orr RECAVER ANO 025.
Lo.26A] 73 IS Prva O14
.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE:
EX PARTE:
ORDER ©
JUDGE MAKING ORDER :
WHERE MADE:
DATE OF ORDER :
THE COURT ORDERS THAT:
_
No. W. 359 of 1978
RODNEY D'ARCY WALL Bankrupt
THE OFFICIAL RECEIVER
Applicant MICHAEL IAN KEMMIS
First
Respondent ANTHONY F. MOULTON and BRUCE F, CORBEN carrying
on business as C. DON SERVICE & CO.
Second Respondents
JOHN KEITH WILLIAM LOWE
Third Respondent
LOCKHART J. SYDNEY
13 AUGUST 1979
. At the commencement of his bankruptcy the bankrupt
had a beneficial interest in the property being Lot 8°
in deposited plan 26610 situate in Soldier's Point
Road, Salamander Bay,
nD
New South Wales;
. As at the date of the making of the sequestration ord
against the estate of the bankrupt he was the
22/2
beneficial owner of the sum of $18,628.06 held by the second respondents and representing part of the proceeds of sale by the first respondent of the
property mentioned in 1 above;
That the applicant pay the costs of the second respondents as submitting respondents. Otherwise
I make no order as to costs.
IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE No. W 359 of 1978
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: RODNEY D'ARCY WALL
; Bankrupt
EX PARTE: THE OFFICIAL RECEIVER
Applicant MICHAEL TAN KEMMIS
First Respondeni
ANTHONY F. MOULTON and BRUCE #. COKBEN carrying on business as C. DON SERVICE & CO.
i Second Responden'
JOHN KEITH WILLIAM LOWE
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