Re Michael Robert Cooke Ex Parte Official Trustee in Bankruptcy v Miller Bros Melbourne Tankworks Pty Ltd [1985] FCA 689

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sunenent no, 681, 85°

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CATCHWORDS Bankruptcy - preference ~ s.122(1) of the Bankruptcy Act 1966 - amendment of s.122 in Act No. 12 of 1980 - application of

s.122 to payment of joint debt by one joint debtor who later

becomes bankrupt - effect of s.122(4)(c) - onus of proof.

Bankruptcy Act 1966 - ss.122(1), (2), (4)(c) and 153(4)

Partnership Act 1958 s.13

MICHAEL ROBERT COOKE Ex Parte the Official Trustee in

Bankruptcy (as trustee of the estate of Michael Robert Cooke,

a bankrupt) v. MILLER BROS. MELBOURNE TANKWORKS PTY. LTD.

NO. 181 of 1978

Smithers J.

18 February 198%

Melbourne.

"~

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

PANKRUPTCY DISTRICT OF THE NO. 181 OF 1978

wee eS

STATE OF VICTORIA

IN THE MATTER of the Bankruptcy Act 1966

RE: MICHAEL ROBERT COOKE Ex Parte the Official Trustee in Bankruptcy (as . trustee of the estate of Michael Robert Cooke, a

bankrupt ) (Applicant) AND: MILLER BROS. MELBOURNE TANKWORKS (Respondent) Judge Making Order: Smithers J. Date of Order: 18 February 1985 Where Made: Melbourne. ORDER THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and

incidental to this application.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE NO. 181 OF 1978

) ) ) ) ) ) )

STATE OF VICTORIA

IN THE MATTER of the Bankruptcy Act 1966

RE: MICHAEL ROBERT COOKE Ex Parte the Official Trustee in Bankruptcy (as trustee of the estate of Michael Robert Cooke, a bankrupt )

(Applicant)

AND: MILLER BROS, MELBOURNE, TANKWOPKS

pry. LTD.

(Respondent)

Coram: Smithers J.

Date: 18 February 1985

REASONS FOR JUDGMENT

This is an application by the trustee of the bankrupt

estate of Michael Robert Cooke (the trustee) for declarations:

1. that the payment of the sum of $15,000 made on 18

November 1977 by the bankrupt to Miller Bros. Melbourne