Federal Court of Australia
2d Ae! CATCHWORDS Bankruptcy - whether an entitlement to a tax refund
constitutes property in the hands of a debtor at the time of
execution of a deed of arrangement under Part X of the
Bankruptcy Act 1966.
Choses in Action: whether an entitlement toa tax refunz
Pon
under s.221YE of the Income Tax Assessment Act 193 constitutes a chose in action which may be assigned prior to
the issue of a tax assessment.
Bankruptcy Act 1966 ss.134(4), 237(2), 187.
Income Tax Assessment Act 1936 ss.221YE(1), 221YB(1), 221H(2).
Re: BASIL JOHN MONDIN (A BANKRUPT) EX PARTE: DAVID ANTHONY
BRADSHAW (AS TRUSTEE OF THE PROPERTY OF BASTL JOHN MONDIN, +
DEBTOR} a
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No. 143 of 1981 ley FlECFIVED i 11 JUN 1985 \Q\ rvza ut couat oF AUSIRRLIA
Smithers J.
PUMCIPAL
7 June 1985
Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPICY DISTRICT OF THE NO. 143 OF 1982
STATE OF VICTORIA
wee ee ww
GENERAL DIVISION
APPLICATION FOR ORDERS AND DECLARATIONS
RE: BASIL JOHN MONDIN
(A Bankrupt)
Ex parte: DAVID ANTHONY PRADSHAW (AS TRUSTEE OF THE PROPERTY OF BASIL JOHN MONDIN, A DERTOR)
(APPLICANT)
dudge Maling Order: Smithers d.
Date of Order: 7 June 1985 Where Made: Melbourne. ORDER
THE ORDER OF THE COURT WILL BE THAT:
The applicant hold the sum of $866.24 as part of the
divisible property of the debtor referred to ain the
schedule to the deed of arrangement.
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE NO. 143 OF 1981
STATE OF VICTORIA
wee ee
GENERAL DIVISTON
APPLICATION FOR ORDERS AND DECLARATIONS
RE: BASIL JOHN MONDIN
(A Bankrupt)
Ex parte: DAVID ANTHONY BRADSHAW (AS TRUSTEE OF THE PROPERTY OF BASIL JOHN MONDIN, A DERTOR)
(APPLICANT)
CORAM: Smithers J.
DATE: 7 June 1985
REASONS FOR JUDGMENT
Pursuant to s.134(4) of the Bankruptcy Act 1966 'the Act) as that section applies in relation to the administration of the estate of Basil John Mondin (the debtor), who, entered into adeed of arrangement on 24 August 1981 pursuant to 8.237(2) of the Act, the Registered Trustee of that deed
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