Federal Court of Australia
Va RSNADE Be
Sarde,
a
Sy Ghd a a, Late Sake la Gee ae TR To RET a sat alta LC NEES a. Steazes PURI es seca se ead
CATCHWORDS
Bankruptcy - application by the trustee of the estate of
a bankrupt to recover proceeds of sale of property of
the bankrupt which were paid to the bankrupt's wife by vv
her solicitors - operation of the doctrine of relation
back - whether wife's solicitors fell within the
protective provisions of s.123.
Bankruptcy Act 1966: ss5; 40; 58; 115; 116; 120; 122;
123; 124; 132; 157; 188.
Bankruptcy Rules; R.135
Re: Julius Sefton Holt
Ex parte: Anthony George Hodgson
No 287 of 1980
Sweeney J Melbourne
3 November 1983
" IN THE FEDERAL COURT ) OF AUSTRALIA ' NO. 287 OF 1980 GENERAL DIVISION BANKRUPTCY DISTRICT OF
~ THE STATE OF VICTORIA
Re: JULIUS SEFTON HOLT
Ex parte: ANTHONY GEORGE HODGSON ~- Applicant ~ JOHN ADAMS, SHANE MAGUIRE
and KATHLEEN MARY HOLT - Respondents
ORDER
JUDGE MAKING ORDER: Sweeney J
DATE OF ORDER: 3 November 1983 WHERE MADE: Melbourne ' THE COURT
1. declares that one~half of the net proceeds of the sale of the property described in Certificate of
Title Volume 9108 Folio 958 (the Toorak property) was property of the bankrupt at the time be became
a bankrupt.
tee Cpe te rig Ge yet Y othe tn A et we a
oo: net
ad
2. declares that the thirdnamed respondent was beneficially entitled to only one-half of the net
proceeds of sale of the Toorak property.
3. declares that upon the bankrupt having become a bankrupt the sum of $16,758.45 was held by the firstnamed respondent and the secondnamed respondent
was part of the bankrupt's share in the proceeds of
the sale of the Toorak property and that such sum
vested in the Official Receiver in Bankruptcy.
4. orders that the firstnamed respondent and the
secondnamed respondent pay to the applicant the
aforesaid sum of $16,758.45.
5. orders that the first named respondent and the secondnamed respondent pay the costs of the
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