Federal Court of Australia
- —ydre | lo,
Bankruptcy - preference - pavment to creditor - whether void under s.122 - whether debtor insolvent at time of payment - test to be
applied - onus of proof - whether satisfied
Evidence - admissibilitv of statement by trustee as to insolvency
of debtor
Bankruptcy Act 1966 ss.122(1), 231(2)
RE: SIBRENA ROSE BRECHIN also known as SIBRENA ROSE KUBANK - Debtor
EX PARTE: BERNARD PUTNIN the Trustee of the Property of SIBRENA ROSE BRECHIN also known as SIBRENA ROSE KUBANK, a Debtor - Applicant and
STOKES (AUSTRALASIA) LTD - Respondent
No. 77 of 1985X
TOOHEY J. PERTH 27 MARCH 1986
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. 77 of 1985X
RE: SIBRENA ROSE BRECHIN also known as SIBRENA ROSE KUBANK
Debtor EX PARTE: BERNARD PUTNIN the Trustee of the Property of SIBRENA ROSE BRECHIN also known as SIBRENA ROSE KUBANK, A Debtor Applicant
and
STOKES (AUSTRALASTA) LID
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J. DATE OF ORDER: 27 March 1986 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent's costs.
Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
! ' GENERAL DIVISION ' No. 77 of 1985xX BANKRUPTCY DISTRICT H OF THE STATE oF , WESTERN AUSTRALIA ) RE: SIBRENA ROSE BRECHIN also known
as SIBRENA ROSE KUBANK
Debtor EX PARTE: BERNARD PUININ the Trustee of the Property of SIBRENA ROSE BRECHIN also known as SIBRENA ROSE KUBANK, A Debtor Applicant and STOKES (AUSTRALASTA) LTD
Respondent
CORAM: TOOHEY J. 27 March 1986
REASONS FOR JUDGMENT
On 4 July 1985 Sibrena Rose Brechin, also known as Sibrena Rose Kubank, executed a deed of assignment in accordance with Part X of the Bankruptcy Act 1966. Bernard Putnin, the
applicant, is the trustee of that deed.
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