Federal Court of Australia
CATCHWORDS
Bankruptcy - receiver appointed over property of debtor pursuant to 5s.573(1)(h) of Companies (N.S.W.) Code - receivership order construed by Supreme Court to cover future property - Supreme Court directed debtor may use property in hands of receiver to pay reasonable living expenses - receivership order made on ll December 1984 - bankruptcy notice issued on 25 July 1985 - whether notice bad due to s.41(3)(b) of Bankruptcy Act - whether effect of receivership was that execution of judgment was stayed - -leave of Supreme Court required to levy execution against property in receiver's hands - whether s.41(3)(b) limited to Situations where 3quitable execution has occurred.
Companies (N.S.W.) Code ss.324A, 573(1)(h) Bankruptcy Act 1966 s.41(3) (Db)
Alexander v. Cambridge Credit Corporation Ltd. (Receiver Appointed) (1985) 2 N.S.W.L.R. 685 Ex parte Ide; In re Ide (1886) 17 Q.B.D. 755
Re Pannowitz; Ex parte Wilson (1975) 38 F.L.R. 184 Re A debtor (1984) 2 All E.R. 257
Ames v. The Trustees of The Birkenhead Docks (1855) 20 Beav 332: 52 E.R. 630 Re Bond (1911) 2 K.B. 988
In re Sedqwick, Ex parte Sedgwick (1888) 5 Morr 262 Bracia Czeczowiczka v. Markus (1936) 1 All E.R. 944
RE EDDIE SOLOMON; EX PARTE JOHN RALPH REID
No. P.1809 of 1985
Beaumont, J. Sydney 6 dune 1986
Counsel and Solicitors for Debtor:
Zolicitors for Petitioning Creditor:
Solicitor for Corporate Affairs Commission:
Solicitors for Official Trustee:
Bate Judament Delivered:
ts
Mr. M. Pembroke instructed by Sly & Russell with Hall & Hall and Dare Reed
Andrew P. Abaza and his agents Messrs Clayton Utz
Mr. N.J. Parsons
P.A. Somerset & Co.
6 June 1986
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF NEW SOUTH WALES No. P1809 of 1985
ee ee ears
AND THE AUSTRALIAN CAPITAL TERRITORY)
RE: EDDIE SOLOMON
EX PARTE: JOHN-RALPH REID
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