Federal Court of Australia
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* CATCHWORDS
Bankruptcy - mortgages by debtor to creditors -— mortgages
executed when debtors insolvent ~ whethr mortgages
constituted a preference - determination of extent of
preference.
WILLIAM CLIVE AND GAYNER BLANCHE HICKS; RUSSELL ( Applicant)
11 February 1980 SYDNEY
LOCKHART J.
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Ex parte DANIEL JAMES
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IN THE FEDERAL COURT OF AUSTRALTA
——
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF No. NSW 94 of 1978 NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY
IN THE MATTER OF The Bankruptcy Act 1966 AND IN THE MATTER OF
An application for directions
RE: WILLIAM CLIVE HICKS and GAYNER BLANC TICKS
EX PARTE: DANIEL JAMES RUSSELL
(Applicant ) ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 11 FEBRUARY 1980
THE COURT DECLARES THAT:
The mortgage dated 12 May 1978 from William Clive Hicks
and Gayner Blanche Hicks to Graham Rex Howard had the effect of giving to Graham Rex Howard a preference within the
Meaning of s. 122 of the Bankruptcy Act 1966 and that the said mortgage 1s void as against the applicant in so far as it constitutes a security over or charge upon any of the property of the said William Clive Hicks and Gayner Blanche Hicks.
Otherwise, the application 1s dismissed.
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THE COURT ORDERS THAT:
1. The respondent Graham Rex Howard pay one quarter of
the costs of the applicant of this application,
2. The applicant pay the costs of the respondents, The Commercial Savings Bank of Australia Limited, The Commercial Bank of Australia Limited and Dallas
Acceptance Pty. Limited of this application.
Otherwise no order as to costs.
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF No. NSW 94 of 1978 NEW SOUTH'WALES AND THE AUSTRALIAN
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