Federal Court of Australia
CATCHWORDS
Bankruptcy - joint debtors - joint asset - application for consolidation - Bankruptcy Act, 1966, ss.53, 110 - whether
joint tenancy severed by bankruptcy.
Re Amor (1963) 18 A.B.C. 242 - not followed
Re Boots; Ex parte Official Receiver (1976) 26 F.L.P. 320 -
followed
Re Holland, unreported, 15 February 1985, Federal Court of
Australia - not followed
RE: DARRELL CLIVE OSWALD and ANNA OSWALD EX PARTE THE
OFFICIAL TRUSTEE IN BANKRUPTCY
No. 301 of 1979
No. 488 of 1980
Beaumont, J. 14 June 1985.
Sydney
IN_THE FEDERAL COURT OF AUSTRALIA
No. 301 of 1979 No. 488 of 1980
BANKRUPTCY DISTRICT OF NEW SOUTH
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WALES AND THE AUSTRALIAN CAPITAL TERRITORY
RE: DARRELL CLIVE OSWALD and ANNA OSWALD EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY
MINUTES OF ORDER
Judge making order: Beaumont, J.
Date order made: 14 June 1985.
Where made: |= Sydney
THE COURT ORDERS THAT:
1. Order consolidation as asked.
2. Order that the costs of and incidental to the
application be paid out of the consolidated estate.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF NEW SOUTH No. 301 of 1979
No. 488 of 1980
weve vny
WALES AND THE AUSTRALIAN CAPITAL TERRITORY
RE: DARRELL CLIVE OSWALD and ANNA OSWALD EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY
CORAM: Beaumont, J.
DATED: 14 June 1985.
REASONS FOR JUNGMENT
The Official Receiver, on behalf of the Official Trustee in Bankruptcy, applies under s.53 of the Bankruptcy Act, 1966 ("the Act") for an order that the proceedings under the bankruptcy of Darrell Clive Oswald on his own
petition on 18 April 1979 by force of s.55 and the proceedings under the sequestration order made on 27 May 1980 against his wife, Anna Oswald, be consolidated. The Official Trustee is trustee of both estates. Notice of the application has been given to the bankrupts and their
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