Federal Court of Australia
(TATOr a hE.
Bankruptey - exelation wf deedus of asslanment wnether at time of execution respondents had frovable debt - nature of a contingent debt - whether damages arising by breach of
contract are provable in bankruptcy. Practice and procedure - jurisdiction - judgment of the District Court of Western Australia challenged in the Federal
Court - whether matter before the Federal Court properly "in bankruptcy" - question of comity - declaratory relief.
Bankruptcy Act 1966 s8.27,30,82,187,188,190,198,222,228-230 Judiciary Act 1903 s.39
District Court of Western Australia Act 1969 s.7
Federal Court of Australia Act 1976 3.43
Re Dawson; Ex parte Dawson and Arthur Anderson and Co. (1985) 5 F.C.R. 133
Rowell v. Child (1983) 48 A.L.R. 333
Barewa O01) and Mining NL (in lig) v. Isim Mineral Development Pty. Ltd. and others (1981) 38 A.L.R. 288
Re Baxter; Ex parte The Official Trustee in Bankruptcy v. Baxter, 10 April 1986, unreported.
CHARLES RICHARD MORRIS and PAMELA MORRIS and
JOHN MAROUDAS and SHIRLEY JANET MAROUDAS
W.A. No. G 60 of 1986
NORTHROP, TOOHEY AND SPENDER JJ. 25 NOVEMBER 1986 PERTH
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TORRE
T AUSTERT TA TST Pec Sop w WoA. No. GC Bx Lae Ate = eee) x ae es os ee ie Sie athe ad ror
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN : CHARLES RICHARD MORRIS and PAMELA MORRIS Appellants (Applicants) and JOHN MAROUDAS and SHIRLEY JANET MAROUDAS Respondents (Respondents)
COURT: NORTHROP, TOOHEY AND SPENDER JJ. DATE: 25 NOVEMBER 1986
PLACE: PERTH
MINUTES OF ORDER
THE COURT ORDERS THAT: -
Ne The appeal be allowed.
Di. The orders made on 26 May 1986 in the Federal Court of Australia be set aside and in lieu thereof it be ordered: -
(i) That the Court declares that by reason of sub-section 230(1) of the Bankruptcy Act 1966, the deeds of assignment executed by the appellants on 20 September 1983 operated to release them from their liability to the
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