Federal Court of Australia
ed CATCHWORDS
BANKRUPTCY - alleged preference - compromises of actions for damages in tort - proof of insolvency - whether payee was a "creditor" of payer - whether payment constituted a preference to a creditor - whether transaction was made in "qood faith" and in
the ordinary course of business,
BANKRUPTCY ACT 1966 8.122
ARTHUR EDWARD SPERLING AND CHRISTINE LYNNE SPERLING EX PARTE:
LINDSAY ROBERT AITKEN, THE TRUSTEE OF THE PROPERTY OF ARTHUR EDWARD SPERLING AND CHRISTINE LYNNE SPERLING THE DEBTORS
No. W.217X of 1983
No. W.218X of 1983
WILCOX J 24 AUGUST 1984 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA )
}
GENERAL DIVISION BANKRUPTCY DISTRICT) No. W.217X of 1983 '
OF THE STATE OF NEW SOUTH WALES AND ) No. W.218X of 1983
)
THE AUSTRALIAN CAPITAL TERRITORY )
a oO Ks) Ec
DATE:
PLACE:
Ke .
RE: ARTHUR EDWARD SPERLING and CHRISTINE LYNNE SPERLING
EX PARTE: LINDSAY ROBERT AITKEN, the
trustee of the property of ARTHUR EDWARD SPERLING and
CHRISTINE LYNNE SPERLING the debtors
Applicant AVCO LEASING LIMITED
Respondent
ORDERS
WILCOX J 24 AUGUST 1984 SYDNEY
Application dismissed.
Applicant to pav the respondent 3 costs of the application.
IN THE FEDERAL COURT OF AUSTRALIA ) )
GENERAL DIVISION BANKRUPTCY DISTRICT) No. W.217X of 1983 )
OF THE STATE OF NEW SOUTH WALES AND ) No. W.218X of 1983 ) THE AUSTRALIAN CAPITAL TERRITORY )
RE: ARTHUR EDWARD SPERLING and CHRISTINE LYNNE SPERLING
EX PARTE: LINDSAY ROBERT AITKEN, the trustee of the property of ARTHUR EDWARD SPERLING and CHRISTINE LYNNE SPERLING the debtors
Applicant AVCO LEASING LIMITED
Respondent
REASONS FOR JUDGEMENT
CORAM WILCOX J DATE 24 AUGUST 1984 PLACE SYDNEY
This application is brought by Mr LR Aitken. the trustee of the property of Arthur Edward Sperling and Christine Lynne Sperling appointed under Deeds of Assignment executed on 9 Auqust 1983. Mr Aitken claims that two payments made by Mr AE Sperling, one of the debtors. to Avco Leasing Limited. the respondent.
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