Federal Court of Australia
Gor ' CATCHWORDS : Bankruptcy - Application by trustee to have payments from the debtor to his wife declared void - alleged preference - whether
payments were made in good faith and in the ordinary course of
business.
Bankruptcy Act 1966 - ss.120, 122.
NOEL WYNYARD HEDDITCH i
EX PARTE: ROBERT GEORGE DUNN AND HAZEL IRENE HEDDTTCH i
No. 208 of 1982/X
FOX J. 26 September 1984
Sydney.
2 eR iN Og!
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
No. 208 of 1982/X
OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
JUDGE:
DATE OF ORDER: WHERE MADE:
RE: NOEL WYNYARD HEDDITCH
EX PARTE: ROBERT GEORGE DUNN
Applicant AND:
HAZEL IRENE HEDDITCH
Respondent
ORDER
Fox J. 26 September 1984
Sydney.
THE COURT DECLARES THAT:
1. Noel
(a)
Wynyard Hedditch paid -
$77,734.68 to the respondent by cheque number 785757 dated 9 August 1982, drawn an the account of E.S. Hedditch with the Bank of New South Wales on or about 9 August 1982;
(b) $29,171.03 to the respondent by cheque number 480819 dated 20 August 1982, drawn on the account of Denniston & Day with the Commonwealth Trading
Bank of Australia on or about 20 Auqust 1982;
(c) $12,488.48 to the respondent by cheque number 480800 dated 17 August 1982. drawn on the account of Denniston & Day with the Commonwealth Trading Bank of Australia on or about 20 Auqust 1982.
2. Each of the payments referred to in Order 1. above are void as against the trustee, as being preferences.
THE COURT ORDERS THAT:
3. The respondent pay to the applicant the sum of $119,394.19 and interest thereon.
4. The respondent pay the applicant's costs of this application.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON
BANKRUPTCY DISTRICT OF THE STATE No. 208 of 1982/X
OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
ee ne ee ee ned
RE: NOEL WYNYARD HEDDITCH
EX PARTE: ROBERT GEORGE DUNN
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