Federal Court of Australia
Ne.
: CATCHWORDS:
Bankruptcy Act 1966 s.122 - payee having failed to prove that it was a paye@ in the o1dinary course of business, payment having been ceccived as a result of statement made by payee at a meeting of certain
of the bankrupt's creditors aud as a result of the aussue and service of a writ, payment declared void against the trustee of the estate of the nankrupt
as a preference.
Re: Alex Neville Bard (as Trustee of tne estate of Yiangos Arcadiou, a bankrupt)
Ex parte: Tasmanian Board Mills Ltd.
trading as Country and Western
SWELNEY J. 19 DECEMBER 1979
ne A
IN THE FEDERAL CCURT OF AUSTPALIA
GENDRAL DIVISION No. 68 of 19/7
BANKRUPTCY DISTFSICT OF THE STATE OF VICTORIA
RE: ALEX NEVILLE BIRD (as Trustee of the Estate of YIANGOS ARCADIOU, a bankrupt)
EX PARTE: TASMANI?N BOARD MILLS LTD.
JUDGE MAKING ORDER: SWEENEY J. WHERE [IADE: MELBOURNE DATE OF ORDER: 19 DECEMBLP 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 sun of $20,000. It is further ordered that tne respondent pay the applicant's costs of and incidental to the application, including resorved costs, such costs to be taxed 1f not agreed. Liberty :s reserved to
either party to apply.
IN THE FEDE2AL COURT OF AUSTrALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OP THE
STATE CF VICTORIA
No. 68 of 1977
Re: Ale: Neville Bird(as Trustce or the estate of Yrandos Arcadisu, ¢ bankrupt)
Applicant
Tasmanian Board Malis Ltd, trading es Country and Western
Respondent
REASCiiS FOR JUDGMENT
C.A. Sweenz' J. 19 Decerbcz, 1979
In this application, as amended by leave, the
applicant seeks the following declarations and crders:
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