Federal Court of Australia
CATCHWORDS
Bankruptcy - Application by trustee for orders and directions in respect of the amount payable under a mortgage to which the bankrupt was a party - Default under mortgage - Proper amount payable on and for discharge - Acceleration of payment of principal sum upon default - Whether bankrupt mortgagee liable to pay balance remaining by way of interest - Method of
calculating interest owing.
Bankruptcy Act 1966 - section 135(4) Re: ROSS ALEXANDER MANGAN EX PARTE: WILLIAM EDWARD ANDREW
No. W729 of 1981
Beaumont, J. 5 July, 1983
Sydney.
BANKRUPTCY ACT, 1966
FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: ROSS ALEXANDER MANGAN EX PARTE: WILLIAM EDWARD ANDREW ORDER JUDGE MAKING ORDER: Beaumont, J. DATE OF ORDER: 5 July, 1983 WHERE MA:E Sydney
THE COURT MAKES THE FOLLOWING ORDER: ENG ORDER
1. I direct the applicant to bring in short minutes to
effect to the reasons for judgment.
No. W729 of 1981
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BANKRUPTCY ACT, 1966
FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
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AUSTRALIAN CAPITAL TERRITORY No. W729 of 1981
RE: ROSS ALEXANDER MANGAN
The Bankrupt EX PARTE: WILLIAM EDWARD ANDREW
Trustee of the Estate of the Bankrupt
REASONS FOR JUDGMENT
BEAUMONT, J.
This is an application made pursuant to s.134(4) of the Bankruptcy Act 1966 seeking orders and directions in respect of the amount payable under a mortgage to which the bankrupt, Ross Alexander Mangan, ("the bankrupt") was a party. The application is made by William Edward Andrew as trustee of the estate of the bankrupt, a sequestration order having been made on 17 August, 1981. The respondents to the application are the mortgagee, Burrawong Investments Pty. Limited, ("the mortgagee"), the wife of the bankrupt, Olive Mangan and Mr. AnéGrew as the trustee of her estate. Mr. Andrew is the trustee of the estate of Mrs. Mangan under a deed of assignment dated 3 March, 1982 made under Part X of the Act. Mrs. Mangan was
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