Federal Court of Australia
CATCHWORDS Bankruptcy - power conferred on Reaistrar to direct that interest
on certain moneys "at the rate prescribed" form part of an estate
- no rate prescribed until after commencement of period for which
Registrar would otherwise have been prepared to direct payment cf
her Registrar emoowered to direct payment of
cr
interest - whe
interest for
iT
ntirety of period or onlv for a period commencing
on the date of the prescription of the interest rate.
Bankruptev Rules, 195A and 119
Acts Interpretation Act 1991, s. 48
RE: ESTATE OF LATE ANTHONY ALAN DAVIS
Coram: fheppard J.
Date : 21 November 1385
IN THE FEDERAL COURT OF AUSTRALIA
) BANKRUPTCY DISTRICT OF THE STATE ' QF NEW SOUTH WALES AND THE ) AUSTRALIAN CAFITAL TERRITORY y
No. W691 of 1983
EE: ESTATE OF LATE ANTHONY ALAN DAVIS
CORAM: Sheppard J,
DATE : 721 November 1985
MINUTES OF GRDEF
THE COURT ORDERS THAT:
lL. The question asked in the special case dated 18 September 1985 referred to the Court by the Reatstrar in Bankruptcy pursuant to rule 119 of the Bankruptcy Rules be answered in
the affirmative.
2. There be no order as to casts.
NOTE: Settlement and entrv of orders ais provided for in Rula
124 of the Bankruptcy Rules,
BANKRUFTCY ACT 1966
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTPICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. W691 of 1983
EE: ESTATE OF LATE ANTHONY ALAN DAVIS
CORAM: Sheppard J.
DATE : 21 November 1985
REASONS FOR JUDGMENT
HTS HONOUR: This 15 a special case stated pursuant to rule 119
of the Bankruptcv Rules. The case raises for consideration a
question of the construction of sub-sec, 20J3(2) of the Bankruptcy
ek 1986. That secrion 1s found in Division 2 of Fart II of the
Ded
Act. Division 2 15 entitled, "Common Investment Fund" defined in
8s. 20A as "the Commor Fund", The fund is provided fer in 2OB
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