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CATCHWORDS BANKRUPTCY - Power to order taking accounts in respect of partnership involving bankrupt - Bankrupt partner under fictitious name - Effect of incorporation of company with shares un fictitious name ~ Referral of solicitor's conduct to Law
Society and Prothonotary of State Supreme Court.
Bankruptcy Act 1966, s.30 Partnership Act 1892 (NSW) s.33
In re Wordsworth (1889) 5 WN(NSW) 96 Keppie v. Law Society of the A.C.T. (1983) 62 A.C.T.R. 9 Obacelo Pty Ltd v. Taveraft Pty Ltd (unreported, Wilcox J.,
13/6/86) Commissioner of Australian Federal Police v. Curran (1984) 55
A.L.R. 697
RE: ANGELO MICHAEL COVINO and MELITA COVINO (Bankrupts) EX PARTE: MAX CHRISTOPHER DONNELLY (Applicant); JOHN PHILIS,
FAIRDINKUM TYRE SERVICE PTY LIMITED, ANGELO MICHAEL COVINO and
MELITA COVINO (Respondents) W.1054 of 1983 Burchett J.
Sydney 9 July 1986
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THE COURT DECLARES THAT:
(1)
(2)
(3)
(4)
(5)
The interest purporting to be that of "Walter Jay Smith" in the partnership between the person using that name and the first respondent carrying on business at Minto in the State of New South Wales in the name of "Fair Dinkum Tyre Service" is an asset of the bankrupt estate of the third respondent.
The issued share in the second respondent standing in the name of "Walter Jay Smith" 1s an asset of the bankrupt estate of the third respondent.
The issued share in the second respondent standing in the name of "Angela Smith" is an asset of the bankrupt estate of the third respondent.
The sum of $43,610.32 paid by Messrs. Caldwell & Associates, Solicitors, to the first respondent on or about 27th June, 1984 is an asset of the bankrupt estate of the third respondent.
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