Federal Court of Australia
% 354
Bankruptcy - application to review trustee's decision to reject proof of debt - observations concerning nature of application and hearing - whether demand arising by reason of a contract, promise or breach of trust - onus of proof - effect of conflict in
affidavits filed by parties where no cross-examination.
Bankruptcy Act 1966, Part X, 5.104
RE: ROBERT HENRY MASTERS - Debtor
EX PARTE: ELIZABETH GEROVICH and HAZEL HENLEY - Applicants and
BERNARD PUTNIN - Respondent
No. 83 of 1982x
TOOHEY d. PERTH
30 JULY 1985
co
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPICY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. 83 of 1982xK
eww ewe
RE: ROBERT HENRY MASTERS Debtor
EX PARTE: ELI@ABETH GEROVICH and HAZEL HENLEY
Applicants
and
BERNARD PUTNIN Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Toohey J. DATE OF ORDER : 30 July 1985 WHERE MADE : Perth
THE COURT ORDERS THAT:
The application be dismissed.
The applicants pay the respondent's costs of the
application including any reserved costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. 83 of 1982X
RE: ROBERT HENRY MASTERS Debtor
EX PARTE: ELIZABETH GEROVICH and HAZEL HENLEY
Applicants and
BERNARD PUTNIN
Respondent
CORAM: TOOHEY J.
30 duly 1985
REASONS FOR JUDGMENT Mr. Masters, the debtor, has made an arrangement with his creditors under Part X of the Bankruptcy Act 1966. Mr. Putnin, the debtor's trustee, has rejected proofs of debt lodged by the applicants, Mrs. Gerovich and Mrs. Henley. This
application seeks a review of the trustee's decision.
Affidavits were sworn by Mrs. Gerovich and Mr. Masters. No application was made to cross examine either deponent and no oral evidence was adduced. I accept that an application under s.104 is by way of rehearing in the fullest sense and that it is for the Court to decide the matter on the material before it. See
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