Ball, Kenneth Francis & Ball, Doreen Patricia Ex Parte Commerical Banking Company of Sydney Ltd v Offical Reciever [1980] FCA 109

CATCHWORDS Bankruptcy - application to review decision of trustee - rejection of proof of debt of interest component of "personal loan" - whether total sum due, both principal and interest components, under a "personal loan" is a debt provable against estate of a bankrupt —- construction of terms and conditions of a "personal loan", Bankruptcy Act 1966 s. 104

RE: KENNETH FRANCIS BALL and DOREEN PATRICIA BALL EX PARTE: THE COMMERCIAL BANKING COMPANY OF SYDNEY LIMITED THE OFFICIAL RECEIVER — RESPONDENT

NO. W. 81 OF 1979 LOCKHART J.

AT SYDNEY

WEDNESDAY 13 AUGUST 1980

IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE

No. W 81 of 1979 OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

&

KENNETH FRANCIS BALL and DOREEN PATRICIA BALL EX PARTE: THE COMMERCIAL BANKING COMPANY OF SYDNEY LIMITED THE OFFICIAL RECEIVER

Respondent ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: AT SYDNEY DATE OF ORDER: WEDNESDAY 13 AUGUST 1980

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental

to the application

IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE

No. W 81 of 1979 QF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE: KENNETH FRANCIS BALL and DOREEN PATRICIA BALL EX PARTE: THE COMMERCIAL BANKING COMPANY OF SYDNEY LIMITED THE OFFICIAL RECEIVER :

Respondent

REASONS FOR JUDGMENT

13 August 1980 LOCKHART J.

This is an application pursuant to s. 104 of the Bankruptcy Act 1966 ("the Act") by The Commercial Banking Company of Sydney Limited ("the bank") to review the decision of the Trustee of the estates of Kenneth Francis Ball and Doreen Patricia Ball ("the bankrupts") rejecting in part the proof of debt of the bank.

Sequestration orders were made by this Court against the estates of the bankrupts on 12 February 1979.