Federal Court of Australia
AYOUB w~7~ 89
CATCHWORDS Bankruptcy - sequestration order - bankrupt trading
after sequestration - goods supplied to bankrupt - goods used in bankrupt's business - trustee unaware
of bankrupt's trading - business sold by trustee to advantage - whether suppliers of goods entitled to be paid in priority to other creditors - rule in Ex parte James: In re Condon - application of rule
Bankruptcy Act 1966, ss. 58, 59, 82{1), 134(4)
Re: ELIAS AYOUB Ex parte: BRIAN RAYMOND SILVIA
No, 614 of 1981
Morling J. 8 June 1983 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE No. 614 of 1981 OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: ELIAS AYOUB EX PARTE: BRIAN RAYMOND SILVIA ORDER JUDGE MAKING ORDER : Morling J. DATE OF ORDER = 8 June 1983 WHERE MADE : Sydney THE COURT DIRECTS THAT: ° 1. The trustee would not be justified in paying out of
the assets of the estate in priority to unsecured creditors debts incurred between 15 July, 1981 and 22
Cctober, 1981 by the bankrupt to the following:
(a) A.G. Campbell Pty. Limited $6,341.12 (b) Tooheys Limited $2,493.85 (c) Tooth & Co. Limited $5,759.41 (a)° Prestige Office Equipment . » $ 709.00
in respect of goods supplied to the bankrupt/{the dates hereinbefore referred to.
2. The trustee's costs to be paid out of the assets of the estate.
$
—
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE S'ATE No. 614 of 1981 OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RL: ELIAS AYOUB EX PARTE: BRIAN RAYMOND SILVIA Morling Jd. 7 June 1963
REASONS FOR JUDGMENT
This is an application by Brian Raymond Silvia, the trustee of the bankrupt estate of Elias Ayoub ("the bankrupt"). The applacation 1s brought pursuant to s.134(4)
of the Bankruptcy Act 1966 ("the Act") for directions in
respect of a matter which has arisen in connection with the administrtion of the estate of the bankrupt. The trustee seeks a direction from the court as to whether he would be justified in paying out of the assets of the estate in priority to unsecured creditors certain debts incurred by the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate