Lingard, Re J. Ex Parte QLD Cement Distributers [1986] FCA 409

CATCHWORDS

BANKRUPTCY - security provisions - non-compliance by trustee - whether registration should be suspended - whether non-complying trustee should have new trusteeship.

Bankruptcy Act, 1966 ss.155(5A), 155(5C), 156A(3)(a), 160

Re: John Lingard Ex parte: Queensland Cement Distributors QLD P 731 of 1986

PINCUS J. BRISBANE 1 SEPTEMBER 1986

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD P 731 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: JOHN LINGARD EX PARTE: QUEENSLAND CEMENT DISTRIBUTORS

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 1 SEPTEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. I find the act of bankruptcy alleged in the petition.

2. I am satisfied of proof of the other matters in which the act requires proof.

3. I note that Mr. I. Worrell, registered trustee, has consented to act as trustee of the estate of the debtor.

4. I make a sequestration order against the estate of

the debtor and order that the costs of the petitioning creditor of and incidental to the petition be taxed and paid in accordance with the

Act.

5. I declare that the said I. Worrell is, by force of $.156A(3)(a) of the Act, made the trustee of the

estate of the debtor notwithstanding the non-compliance by the said I. Worrell with

s.155(5A) of the Act.

6. I order that the application of the registrar against Mr. Worrell under s.155(5C) be adjourned until Monday, 15 September 1986 at 10,15 a.m.

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

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

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QLD P 731 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: JOHN LINGARD

EX PARTE: QUEENSLAND CEMENT! DISTRIBUTORS

PINCUS J. 1 SEPTEMBER 1986

EX TEMPORE REASONS FOR JUDGMENT