Federal Court of Australia
CATCHWORDS
BANKRUPTCY - applicant seeking declarations that a
Bill of Encumbrance executed by the bankrupts in favour of the respondents and certain payments made by the bankrupts to the respondents are void against the Official Trustee in Bankruptcy - Bankruptcy Act 1966 (Cwlth), s.122 - equitable charge on land - Property Law Act, 1974 (Qld), s.11 ~ unable to pay
debts, whether payments within Bankruptcy Act 1966 (Cwlth), s.122(2) (a).
BANKRUPTCY ACT 1966 (CWLTH), ss 122, 122(2) (a) PROPERTY LAW ACT, 1974 (QLD), s. 11
Re: WAYNE EDWARD CROSS and DEBRA ELLEN CROSS; ex parte: OFFICIAL TRUSTEE IN BANKRUPTCY (Applicant ) MICHAEL JOHN RITCHIE and JANISE MAY RITCHIE (Respondents)
Petition Nos. 226 and 227 of 1981
FITZGERALD J. BRISBANE 131 MARCH 1983
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
of 1981
) ) 5 Pet Nos 226 and 227 ) )
Re: WAYNE EDWARD CROSS and DEBRA ELLEN CROSS
Ex parte: OFFICIAL TRUSTEE IN BANKRUPTCY
Applicant
MICHAEL JOHN RITCHIE and JANIS MAY RITCHIE
Respondents
JUDGE MAKING ORDER: FITZGERALD J.
DATE OF ORDER: 11 MARCH 1983 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The Court declares that the amount standing
to the credit of an interest bearing account at
the National Bank of Australasia Limited,
Elizabeth Street, Brisbane in the joint names of
Robert John Hilmer, a member of the firm of Messrs Rylands and Hilmer, solicitors for Michael John Ritchie and Janise May Ritchie and Christopher Brice Lyndon a member of the firm of Messrs Crouch and Crouch
solicitors for the Official Trustee in Bankruptcy
eye
2.
as trustees for the said Michael John Ritchie
and Janise May Ritchie and the Official Trustee
un Bankruptcy and invested in such account
pursuant to an order of the Supreme Court of Queensland dated the 2lst day of July 1982 is property divisible amongst creditors of the bankrupts Wayne Edward Cross and Debra Lllen Cross and is vested in the Official Trustee in Bankruptcy
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