Federal Court of Australia
3 6 4 CATCHWORDS
Bankruptcy - whether proceeds from sale of real property resulting from partition proceedings is property "recovered or preserved" ~- preferential payment to indemnifying creditors.
Bankruptcy Act 1966 s.109
RE: JOHN HOWARD PASSMORE, a bankrupt EX PARTE: 'THE_OFF TRU: N RUPTCY
(as trustee of the property of John Howard Passmore, a bankrupt)
No. 890 of 1980
Northrop J.
Melbourne
9 'November 1984
N THE FED COURT OF AUS EXERCISING FEDERAL JURISDICTION
IN BANKRUPTCY
No. 890 of 1980
—Se ww
BANKRUPTCY DISTRICT OF VICTORIA
RE: JOHN HOWARD PASSMORE, a bankrupt EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY (as trustee of the property of John Howard Passmore, a bankrupt) CORAM: Northrop J. DATE: 9 November 1984 PLACE: Melbourne
THE COURT ORDERS THAT:
1.
The sum of $12,780.87 (being the applicant's share of the net proceeds of sale of the property situate at and known as Lot 2, Temple Road, Belgrave South, being the whole of the land more particularly described in Certificate of Title Volume 8955 Folio 408, registered as at the date of the bankruptcy in the names of the bankrupt and Rosalie Alma Passmore as joint proprietors) constitutes property recovered or preserved by means of an indemnity for costs of litigation given by creditors of the estate, namely Burkett Industrial Equipment Pty. Ltd., James Neill (Australia) Pty. Ltd. (trading as "Neill Tools"), James Neill (Australia) Pty. Ltd. (trading as "Thomas C. Brown & Co.") and F.H. Prager & Co. Pty. Ltd. (hereinafter called "the indemnifying creditors").
After payment thereout of :-
(1) the remuneration percentages and other necessary disbursements by the applicant as trustee of the estate herein of and incidental to the sum of $12,780.87 hereinafter referred to;
(ii) the fees and percentages payable to the
Registrar in Bankruptcy insofar as they
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate