Midland Credit Ltd v Offical Trustee in Bankruptcy & Anor [1982] FCA 263

CATCHWORDS

Bankruptcy - Leave to prove debt - Permission granted to continue proceedings against bankrupt in Supreme Court - Subject to condition that proof in bankruptcy on judgment subject to leave of Court - Whether leave should be granted - No crystallised judgment debt - Judgment of Judge but

inquiries before Master ordered by Judge not held.

Bankruptcy Act, s.58

MIDLAND CREDIT LIMITED v. OFFICIAL TRUSTEE IN BANKRUPTCY AND GEORGE FREDERICK ALLANSON

NO. 602 of 1976

ELLICOTT J. SYDNEY

3 DECEMBER 1982

The Bankruptcy Act, 1966

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE No. 602 of 1976

OF NEW SOUTH WALES AND THE

ed

AUSTRALIAN CAPITAL TERRITORY

RE: MIDLAND CREDIT LIMITED

Applicant

OFFICIAL TRUSTEE IN BANKRUPTCY

GEORGE FREDERICK ALLANSON

JUDGE MAKING ORDER: Ellicott J.

DATE OF ORDER: 3 December 1982 WHERE MADE: Sydney

THE COURT ORDERS THAT: (1) The application be dismissed. (2) The applicant pay the costs of the Official

Trustee.

The Bankruptcy Act, 1966

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

OF NEW SOUTH WALES AND THE

) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) No. 602 of 1976 ) ) ) )

AUSTRALIAN CAPITAL TERRITORY

RE: MIDLAND CREDIT LIMITED

Applicant

OFFICIAL PRUSTEE IN BANKRUPTCY

GEORGE FREDERICK ALLANSON

CORAM: Ellicott J. 3 December, 1982

REASONS FOR JUDGMENT

This is an application by Midland Credit Limited (the applicant) seeking an order that it have leave to prove in the bankruptcy of George Frederick Allanson for an amount, as at 23 September 1982, of $841,339.82.

A sequestration order was made against George Frederick Allanson on 2 December 1976. Prior to that, proceedings had been commenced in the Supreme Court of

New South Wales by the applicant against Hallad Pty. Limited, Mr Allanson and others in which it was claimed (inter alia) that Mr Allanson was liable to the applicant under a guarantee in respect of moneys advanced by the