Federal Court of Australia
LIMITED DISTRIBUTION 6
CATCHWORDS
BANKRUPTCY - Application by trustee for surplus funds upon sale of land by mortgagee - Claim made by former de facto wife of bankrupt - Whether land held by bankrupt in trust for former de facto wife - Inconsistent evidence of former de facto wife - Significance of Deed of Settlement in relation to trust property.
Bankruptcy Act 1966
W.685 of 1983 Re DAVID HENRY; arte BRIAN R SILVIA v_ ANNE EL
ENGLISH
Wilcox J Sydney 5 June 1986
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF No. W.685 of 1983
THE STATE OF SOUTH ES AND THE AUSTRALTAN CAPITAL TERRITORY
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RE: DAVID HENRY Bankrupt
EX PARTE: IAN R SILVIA Applicant Trustee
AND: ANNE ELIZABETH ENGLISH
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 5 JUNE 1986
MINUTES OF ORDER
LIMIT DISTRIBUTION
INTHE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF
THE STATE OF NEW SOUTH WALES AND
No. W.685 of 1983
Sd
THE AU 'OR RE: VID HENRY a Bankrupt
EX PARTE: BRIAN R SILVIA Applicant Trustee
AND: ANNE ELIZARETH ENGLISH
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 5 JUNE 1986
is) SONS FOR
There is before the Court an application made by Brian Raymond Sylvia, the trustee of the bankrupt estate of David Henry. Mr Henry was made bankrupt on 25 July 1983. The
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application concerns the beneficial ownership of a sum of $9,712.17 which represents a surplus following the sale as mortgagee by the National Australia Bank of a property at Port Douglas in North Queensland which is identified as lot 63 on registered plan 26859 being situate in Whelk Street, Port
Douglas.
That parcel of land was purchased for the sum of $20,000.00 pursuant to a contract entered into by the bankrupt some time in August 1982, which contract was apparently settled in about November 1982. The National Bank made a loan of $15,000.00, the borrower being named as the bankrupt, David Henry. Apparently the amount realised on sale exceeded the purchase price of $20,000.00, hence the surplus in relation to
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