Federal Court of Australia
CATCHWORDS
Bankruptcy - property recovered or preserved by means of an indemnity for costs of litigation given by creditors other than the Deputy Commissioner of Taxation - Whether the power of the Court under s.109(6) of the Bankruptcy Act 1966 to make an order with respect to the distribution of the proceeds of that property with a view to giving the indemnifying creditors an advantage over other creditors is subject to ss. 221P and 221YU of the Income Tax
Assessment Act 1936. APPLICATION FOR ORDERS Re: BERNARD EDMOND CLARKE Ex parte: DEPUTY COMMISSIONER OF TAXATION
Applicant
THE OFFICIAL RECEIVER (as trustee of the property of Bernard Edmond Ciarke - a bankrupt)
Respondent
APPLICATION FOR DIRECTIONS AND ORDERS
Re: BERNARD EDMOND CLARKE Ex parte: THE OFFICIAL RECEIVER (as trustee of the property of
Bernard Edmond Clarke - a bankrupt)
Applicant
No. 107 of 1971.
Cc. A. SWEENEY, J. WEDNESDAY 1] JULY 1981.
AT MELBOURNE.
dw JHy rhoeRAL COUs) Or AUSTRALIA No. 107 of 1971 GENERAL DLVISTON BANKRUPTCY DISTRICT OF THE STATE
OF VICTORIA
THE BANKRUPTCY ACT 1966
APPLICATION FOR ORDERS
Re: BERNARD EDMOND CLARKE Ex parte: DEPUTY COMMISSIONER OF TAXATION Applicant
° : ° THE OFFICIAL RECEIVER
(as trustee of the property of Bernard Edmond Clarke - a
bankrupt) Respondent
APPLICATION FOR DIRECTIONS AND ORDERS
Re: BERNARD EDMOND CLARKE
Ex parte: THE OFFICIAL RECEIVER (as trustee of the property of Bernard Edmond Clarke - a
bankrupt) Applicant ORDERS JUDGE MAKING ORDERS: C. A. SWEENEY, J. WHERE MADE: AT MELBOURNE DATE OF ORDERS; 1 July 1981.
THE COURT ORLGERS:
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eretatinte — Fedewe: Sars:
3 Sr re Siete
asst
oR
rreeetoet Ge ats. ART 5 A.
gad ences
2.
3.
4.
5.
6.
That the following creditors, Messrs. Hargrave Box Woods and Curtis-Smith, Dr. F. X. Lyons, Reinehr Industrial Lease & Finance Pty. Ltd., Mr. R. I. Menzies by his Attorney, T. N. D. Stevens, A. M. & E. T. Barnes, and L. M. Clarke be given the advantage over other creditors of having the whole of the nett proceeds of the property recovered by means of the indemnity given by them distributed amongst them, in proportion to the amounts of their respective debts.
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