Federal Court of Australia
ISL
Basth)uploy - ubplasatzen foo Reushee sl pot dae ectiorn: - deed oof AaYeatigement cumbaiminy asSacdument ul peopee ty to Erustees - ahether deed in teukh one o, arrangement - property detined in
deed to anclude arter-acaquitéed property - whether contrary to or nnconsistent with ferms of Bankruptcy Act - joint debtors - provision in deed purportina tu apporkion monevs otherwise than un accordance with s.110 otf the Act - whether statutory provision
prevails
Bankruptcy Act 1966 ss.110, 134(4), 187(1), 188, 190
RE: RONALD MUIRSON LEASK and BOZIDAR TRUMBICH - Debtors
EX PARTE: FETER MICHAEL MELSOM and STANLEY FREDERIC ROBSON
Trustees of the property of Ronald Muirson Leask and Bozidar Trumbich, Debtors - Applicants
No. 107 of 1982%
TOOHEY J.
PERTH 13 MAY 1986
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. 107 of 1982X%
~we ewer
RE: RONALD MUIRSON LEASK and BOZIDAR TRUMBICH
Debtors
EX PARTE: PETER MICHAEL MELSOM and STANLEY FREDERIC ROBSON Trustees of the property of Ronald Muirson Leask and Bozidar Trumbich, Debtors
Applicants
MINUTE OF ORDER JUDGE MAKING ORDER: TOOHEY J.
DATE OF ORDER: 13 May 1986 WHERE MADE: Perth
THE COURT ORDERS THAT the answers to the questions asked in the
application filed 13 January 1986 are as follows:
1. Question Does the sum of $8,298.91 being the net proceeds of the sale effected by the Applicants of Security Telephone Lines
comprise part of the assets of the joint estate of Ronald
Muirson Leask and Bozidar Trumbich.
Answer
Yes.
Question
Can the monevs contributed by the Debtors pursuant to the provision of Clause 3 of the Deeds of Arrangement pursuant to Part X of the Act dated the 20th of October 1982 ("the Deeds of Arrangement") be distributed to both the joint and several creditors of the Debtors in the proportions provided in Clause 6 of the said Deed of Arrangement made between the joint Debtors on the one part and the Applicants on the other part (as incorporated in the separate Deeds of Arrangement) notwithstanding that of the total monies held of $36,890.91
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