Federal Court of Australia
a4 CATCHWORDS
BANKRUPTCY - whether payment a preference priority or advantage
in favour of a creditor - meaning of "in good faith" ~ meaning of
"in the ordinary course of business" - Bankruptcy Act 1966, ss.122, 124.
Bankruptcy Act 1966, ss.122, 124, 231.
Re Bird (as Trustee of the Estate of Arcadiou); ex parte M. & G. Casabene & Sons (1979) 39 F.L.R. 281 Brittain; Ex parte Barnes (1984) 2 F.C.R. 35
Re K. & R. Fabrications (Q'ld.)Pty.Ltd. (In Liquidation) (1980) 32 A.L.R. 183
Re Lee Furniture Pty.Ltd. (In Liq.) 8 A.C.~L.R. 251
T.G. CUMMINS & NOR: 7 EK PARTE E.G, HARRIS & ANOR. and REFRIGERATION PARTS (OLD) PTY.LTD.
Part X Nos. 4 & 5 of 1984
CORAM: Spender Jd. Brisbane 3 July 1985
"BANKRUPTCY ACT, 1966"
IN THE FEDERAL COURT OF AUSTRALTA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE
SOUTHERN DISTRICT OF THE
STATE OF QUEENSLAND
Part X Nos.4 & 5 of 1984 -
Re: THOMAS GEORGE CUMMINS and JILL IMELDA CUMMINS trading under the style or firm name of "NAM CONSTRUCTIONS"
(Debtors)
Ex parte: ERNEST GEORGE HARRIS and WILSON JOSEPH WILDE
(Trustees/Applicants)
AND: REFRIGERATION PARTS (QLD) PTY.LTD.
(Respondent )
MINUTE OF ORDER
JUDGE MAKING ORDER:
DATE OF ORDER:
WHERE MADRE:
THE COURT ORDERS THAT:
Note:-
(1)
the applicants;
(2) the respondent pay to
Spender J. 3 July 1985
Brisbane
the payment made by the debtors to the respondent of $10,169.17 on 6 October 1983,
is void as against
the applicants the sum of
$10,169.17 together with their costs of and incidental to the application, such costs to be
taxed if not agreed; (3)
liberty to apply to either party.
Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
"BANKRUPTCY ACT, 1966"
IN THE FEDERAL COURT OF AUSTRALIA = GENERAL DIVISION Part X Nos.4 & 5 of 1984 BANKRUPTCY DISTRICT OF THE Re: THOMAS GEORGE CUMMINS SOUTHERN DISTRICT OF THE an@ JILL IMELDA CUMMINS STATE OF QUEENSLAND trading under the style or firm name of "NAM CONSTRUCTIONS" (Debtors)
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