Re Bilen, V. v. Ex parte Sistrom, D.W. & Anor [1985] FCA 141

| hey oh CATCHWORDS Dy "en Stig, > BANKRUPTCY - Property of bankrupt - Bankrupt and wife registered as joint tenants of Crown leasehold - Trustee in bankruptcy registered in respect of estate and interest of the bankrupt - Proceedings in Supreme Court of the Australian

Capital Territory by trustee under Partition Act, 1900 (N.S.W.) in its application to the Territory and by wife for declaration as to the extent of her interest in the property - Application to Federal Court of Australia by trustee for declaration as to extent of his interest in the property and consequential orders - Application by wife that those proceedings be stayed.

Partition Act, 1900 (N.S.W.)

Re: VINKO BILEN, A Bankrupt Ex parte: DAVID WILLIAM SISTROM, Applicant

GRACE BILEN, Respondent No. NSW 706 of 1983 CORAM: Neaves J.

11 April 1985

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DIVISION OF THE STATE No. NSW 706 of 1983

OF NEW SOUTH WALES AND THE

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AUSTRALIAN CAPITAL TERRITORY Re: VINKO_BILEN A Bankrupt Ex parte: DAVID WILLIAM SISTROM Applicant GRACE _BILEN

Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: Neaves J. DATE OF ORDER : ll April 1985

WHERE MADE : Canberra

THE COURT ORDERS THAT:

1. The application by Grace Bilen, the respondent, for an order staying further proceedings upon the application dated 9 October 1984 filed on behalf of David William Sistrom, the trustee of the estate of Vinko Bilen, a

bankrupt, be dismissed.

2. The trustee may proceed with the said application only upon his undertaking to discontinue the proceedings commenced by him in the Supreme Court of the Australian Capital Territory by originating summons dated 11 April 1984 and to pay the respondent's costs of and incidental to those proceedings.

3. The costs of the present application be reserved.

4. The parties have liberty to apply to the Court on two days' notice for further directions in this matter and