Federal Court of Australia
CATCHYORDS BANKRUPTCY - preference - validity of payment ordinary course of business - cheqves not inet ~
matter tc solicitors.
Bankrurtcy Act 1966 s.122
- good faith -
threat
RE: M{CUAEL GUY BRITTALN and MARGARET MARY BRITTALN
EX PARTE: JOUN CRAVEN BARNES
(the trustee of the Bankrupt Estate
BRITTAIN and MARGARKT MARY BRITTAIN )
and SIMON KOSSEL TNTERNATIONAL PTY. LTD.
No. 398 of 1983
Woodward J. Melbourne 10 April 1984
to refer
Barkrupts
of MIVZASL Gul
Applicent
Raspondenc
IN THE FEDERAL COURT OF AUSTRALTA
GENERAL DIVISION No. 398 of 1983
BANKRUPTCY DISTRICT OF THE
STATE OF VICTORIA
RE: MICHAEL GUY BRITTAIN and LARGARET MARY BRITTAIN
Bankrupts
EX PARTI: JOHN CRAVEN BARNES (the trustee of the Bankrupt Estate of MICHASL GUY BRITTAIN and MARGARET MARY BRITTAIN)
Applicant and
SIMON KESSEL INTERNATIONAL PTY. LTD.
Respondent
ORDER
JUDGE MAKING ORDER : Woodward J.
DATE OF ORDER : 10 April 1984
WHERE MADE : Melbourne
THE COURT ORDERS THAT:
The application be dismissed with costs.
1N THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE
) ) ) No. 398 of 1983 ) STATE OF VICTORIA )
RE:
Bankrupts
EX PARTE: JOHN CRAVEN BARNES
(the trustee of the Bankrupt Estate of MICHAEL GUY BRITTAIN and MARGARET MARY BRITTAIN)
Applicant and
SIMON KESSEL INTERNATIOUAL PLY. LTD.
Respondent
JUDGE: Woodward J.
DATE: 10 April 1984
REASONS FOR JUDGMENT
This case raises difficult questions as to whether certain payments made by the bankrupts to the respondent amounted
to a preference within the meaning of s.122 of the Bankcuptcy Act
1966. The application also raises questions of relation back, bat as the case has developed these have been effectively subsumed by
the question of preference.
Concessions have been made by both parties which cnable
me to make the following findings:
(a) The bankrupts, who ran a business known as Buccancor ' Menswear ("Buccaneer") committed an act of bankrupLey ou 3 November 1982. They were made bankrupt on their own
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