Buckley, Re G.D. Putnin, Ex Parte B. v Buckley, G. [1986] FCA 171

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Vf WWE

Bankruptcy - Bankruptcy Act 1966 - application by trustee for

sequestration order against estate of debtor - requirements under s.221(1) - application by debtor for release of property from control of trustee pursuant to s.208 - consideration of delay by trustee in applying for

sequestration order.

Bankruptcy Act 1966 5.208; s.221(1); s.212B

Cases

Dolman; Ex parte Elder Smith Goldsbrough Mort Ltd (1967) 10 FLR 384

Williamson; Ex parte Wearne (1980) 43 FLR 305 Ex parte James; re Condon (1874) LR 9 CH 609 at 614

Docker; Ex parte Official Receiver; Blackmore 10 ABC 97 at 111 et seq.

Thompson v, Paimer (1933) 49 CLR 507 at 547

Re: GRAHAM DAVID BUCKLEY - Bankrupt

Ex Parte: BERNARD PUTNIN - Applicant and GRAHAM DAVID BUCKLEY - Respondent

No. 100 of 1981X

MUIRHEAD J. PERTH 24 APRIL 1986

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA

No. 100 of 1981X

RE: GRAHAM DAVID BUCKLEY Debtor EX PARTE: BERNARD PUTNIN Applicant and

GRAHAM DAVID BUCKLEY

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: MUIRHEAD J. DATE OF ORDER: 24 April 1986 WHERE MADE: Perth

THE COURT ORDERS THAT:

1. The estate of Graham David Buckley be sequestrated.

2. The Trustee's costs of and incidental to his application be taxed and paid according to the Act.

3. The Respondent's application pursuant to Section 208 be

dismissed.

Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA