Federal Court of Australia
CATCHWORODS
BANKRUPTCY - preferences - meaning of "ordinary course of
business" - choice between conflicting tests laid down by High
Court - "good faith".
Bankruptcy Act 1966, 38.122, 231
RE: THOMAS GEORGE CUMMINS and JILL IMELDA CUMMINS trading under the style or firm name of "NAM CONSTRUCTIONS"
EX PARTE: ERNEST GEORGE HARRIS and WILSON JOSEPH WILDE (Trustees/Applicants)
A.R.C. ENGINEERING PTY LTD (Respondent)
PARTS X 4 AND 5 OF 1984
PINCUS J. BRISBANE 7_ OCTOBER 1985
IN THE FEDERAL COURT OF AUSTRALIA } GENERAL DIVISION ) PARTS ¥ 4 & 5 of 1984
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
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) A.R.C. ENGINEERING PTY. LTD.
(Respondent) - MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 7 OCTOBER 1985 WHERE MADE: BRISBANE
THE COURT DECLARES THAT:
1. A payment made on or about 19 August 1983 by or on behalf of the debtors to or for the benefit of the respondent, A.R.C. Engineering Pty Ltd, a company duly incorporated in the State of Victoria and having its registered office in Queensland at Ellison Road, Geebung in the State of Queensland of the sum of $10,901.81 is void as against the applicants as trustees of the divisible property of the respective debtors ag being a payment having the effect of giving the respondent a preference,
priority or advantage over other creditors.
A payment made on or about 11 October 1983 by or on behalf of the debtors to or for the benefit of the respondent, A.R.C. Engineering Pty Ltd, aforesaid of the sum of $20,000.00 is void against the applicants as trustees of the divisible property of the respective debtors as being a payment having the effect of giving the respondent a preference, priority or advantage over other creditors.
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