Federal Court of Australia
3 47 CATCHWORDS
Application by Official Trustee for directions under s.134 of the Bankruptcy: Act 1966 °- money received by Official Trustee from Defence Service Homes Corporation as part of a surplus from a mortgagee's sale of land of a bankrupt - bankrupt discharged at time that surplus received by Official Trustee - claims by secured creditors - basis of claims - is an equitable charge a "mortgage" under s.32 of the Defence Service Homes Act - were the debts released by discharge? - effect of s.35 of the Defence Service Homes Act 1918 -
priorities between secured interests - costs.
Bankruptcy Act 1966 - ss5(1), 83, 134, 153(1) and 153(3) Defence Service Homes Act 1918 - ss.32, 33, 35 and 36.
RE: JOHN RAYMOND MURRELL, EX PARTE: THE OFFICIAL TRUSTEE IN
BANKRUPTCY
No. 107 of 1976
Smithers J.
30 October 1984
Melbourne.
IN
VICTORIA DISTRICT REGISTRY BANKRUPTCY DIVISION
FEDERAL COURT OF AUSTRALIA NO. 107 OF 1976
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RE: JOHN RAYMOND MURRELL (A discharged bankrupt)
EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY as trustee of the property of John Raymond Murrell, a bankrupt
(Applicant)
Judge Making Order: Smithers J.
Date of Order: 30 October 1984 Where Made: Melbourne. ORDER
THE COURT ORDERS THAT:
The Official Trustee apply the fund in his hands, first, in payment of the costs of and incidental to this proceeding incurred by each party other than the Corporation, second, in discharge of the monies due to Esanda Limited under the loan agreement of 22 August 1975 third, in discharge of the principal and interest secured by the lien to Mrs. Vreeke in respect of the
deposit paid by her and her deceased husband in respect
2.
of the proposed purchase by them from Mr. and Mrs. Murrell of the property then owned by them, fourth, in
payment of any balance to Mr. Murrell.
There be liberty to apply in respect of interest accrued on the amount of the fund or the determination of the precise sum due to Esanda Limited or Mrs. Vreeke under
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