Federal Court of Australia
SOUTH AUSTRALIA DISTRICT REGISTRY
IN_THE FEDERAL COURT OF AUSTRALIA No. 430 of 1983
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
SOUTH AUSTRALIA
Re : FREDERICK CLOSE trading as F.B. CLOSE TRANSPORT
A Bankrupt
Ex Parte: JOHN RAYMOND ABBOTT
Applicant
Fisher J. 19 August 1983
CORRIGENDA
Page 2 - 2nd paragraph - line 1
"prepared" should read: "presented"
dude.
veer ore er eevee tae soee
Associate to Fisher J.
CATCHWORDS nr
Bankruptcy - Sequestration Order - Registered Trustees - Two petitions each accompanied by consent to act as trustee - Whether one or more than one consenting trustee appointed by
force of law.
BANKRUPTCY ACT 1966 ss.260(1) (c) (i), 260(2), 156A(3)
RE 3 FREDERICK CLOSE trading as F.B. CLOSE TRANSPORT A Bankrupt EX PARTE: JOHN RAYMOND ABBOTT Applicant Fisher J. Adelaide
19 August, 1983
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. 430 of 1983
BANKRUPTCY DISTRICT OF THE STATE OF a
) ) GENERAL DIVISION ) ) SOUTH AUSTRALIA )
Re FREDERICK CLOSE trading as
F.B. CLOSE TRANSPORT
A Bankrupt
Ex Parte: JOHN RAYMOND ABBOTT
Applicant
ORDER JUDGE MAKING ORDER 3 Fisher J. WHERE MADE H Adelaide DATE 3 19 August 1983
THE COURT DOTH ORDER AND DECLARE:
1. 'hat John Raymond Abbott is the sole trustee cf the estate of the
a
bankrupt pursuant to Section 156A(3) of the Bankruptcy Act 1966-1981 2. The question of costs of the application for this declaratory
order be reserved.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. 430 of 1983
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
SOUTH AUSTRALIA
Re
FREDERICK CLOSE trading as F.B. CLOSE TRANSPORT
A Bankrupt
Ex Parte : JOHN RAYMOND ABBOTT
Applicant
FISHER J:
19 August 1983 REASONS FOR JUDGMENT
This is an application by John Raymond Abbott ("the applicant") a registered trustee in bankruptcy and the trustee or one of the trustees, depending on the outcome of these proceedings, of the sequestrated estate of the abovenamed Frederick Close ("the bankrupt"). The applicant seeks in form an order that the Registrar issue a certificate of trusteeship pursuant to Section 260(1) (c) (i) of the Bankruptcy Act 1966 ("the Act") showing that the applicant is the sole trustee of the estate of the bankrupt. At the hearing the applicant was represented by counsel, as was the Registrar and another registered trustee, Kevin Michael Pipkin ("Mr. Pipkin") appeared in person. With the consent of all these persons I indicated that I would treat the application as seeking a declaration that the applicant was the sole trustee of the sequestrated estate of the bankrupt'. At the conclusion of the hearing I said that it was my intention to make
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