Roin David Webster v Roy Leslie Pegler & Peninsula Holdings Pty Ltd [1980] FCA 130

IN_THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

) ) )

BANKRUPTCY DISTRICT OF THE STATE No. 330 of 1980

OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE: ERIC DAVID WEBSTER A Bankrupt

EX PARTE: ROY LESLIE PEGLER

Applicant PENINSULA HOLDINGS PTY. LIMITED

Respondent ORDER JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: MONDAY 22 SEPTEMBER 1980 WHERE MADE: AT SYDNEY

THE COURT ORDERS THAT:

1.

2.

It be declared that the trusts contained 1n deed of trust dated 26 November 1979 (which is Exhibit E in the proceedings before the Court) be void as against the trustee in the bankruptcy of the bankrupt;

It be declared that the trusts contained in deed of settlement dated 26 November 1979 (which 1s Exhibit D

un the proceedings before this Court) be vo1d as against the trustee in the bankruptcy of the bankrupt;

It be declared that all shares in the issued capital

of Peninsula Holdings Pty. Limited allotted to the bankrupt or furporting to be held by him upon the trusts referred to in either of the said deeds be and are hereby

vested 1n Roy Leslie Pegler as trustee of the bankrupt's estat

The bankrupt, Brian Eric Cairns and Peninsula Holdings Pty. Limited by itself its servants and agents be restrained

until further order from selling, offering for sale, conveying, transferring, encumbering, leasing or otherwise dealing with or disposing of the property known as lot 1414 Pittwater

Road, Narabeen in the State of New South Wales;

The costs of this application including all reserved costs and the costs of all occasions when the application has been before the Court be the trustee's costs in the bankrupt's

estate and be paid out of the assets of the estate;

Liberty be granted to any party to apply in relation to any matter that may arise 1n the implementation of these orders

and generally.

IN THE FEDERAL COURT OF AUSTRALIA }