Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
(Not for publication or distribution)
No. 533 of 1986
BANKRUPTCY DISTRICT OF THE STATE
OF VICTORIA
EX TEMPORE JUDGMENT
Coram:
Date:
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Re: BARRY JAMES RUMPF
Ex parte: THE OFFICIAL TRUSTEE IN BANKRUPTCY (as trustee of the bankrupt estate of Barry James Rumpf)
(Applicant)
E
BARRY JAMES RUMPF', CANTENAE PTY. LTD., ADAVON NOMINEES PTY. LTD. and WELSH INVESTMENTS PTY. LTD.
(Respondents)
Ryan J.
16 October 1986
EX TEMPORE REASONS FOR JUDGMENT
This application is made on behalf of the Official
trustee as trustee of the bankrupt estate of Barry James
Rumpf.
By the application, the Official Trustee seeks
declarations and consequential orders in respect of certain
assets which have been effectively used in and generated by
the conduct of two businesses carried on respectively under
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the names of R. J. Kirwan and Associates and Combined Group
Services.
I am satisfied on all of the evidence before the court- that all of the assets comprised in the businesses respectively carried on under those registered business names are property of which the bankrupt, Barry James Rumpf, is the
beneficial owner, of over which he has a general power of
appointment.
As such, in my view, those assets are "property" as
defined in s.5 of the Bankruptcy Act 1966 and are "property
of the bankrupt" as defined in the same section.
I am led to the conclusion which I have just indicated, by the following facts and events which I consider have been clearly established by the evidence. However, the recital which I am about to give should not be taken as exhaustive of all of the facts which lead to, or tend to support, the
conclusion to which I have come.
In 1980 the two businesses which, for the sake of brevity I shall hereafter call "the cleaning business" and "the security business", were sold on terms which provided that Mr. and Mrs. Kirwan and Mr. and Mrs. Eddy as vendors should receive a consideration amounting in all to $50,000
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