Shakespeare, Re P.J. Shakespeare, Ex Parte P.J. & Ors [1986] FCA 581

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CATCHWORODS

BANKRUPTCY - deed of assignment - Torrens land - whether trustee has legal title without registration.

Bankruptcy Act, 1966 ss.178, 229

Janes_Shakespeare npillip cames Shax.y sare & Ure. 2. 10D of 1926

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IN_THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

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QLD Part X No. 102 of

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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RE: PHILLIP JAMES SHAKESPEARS

(A Debtor)

EX PAFTE: PHILLIP JAMES SHAKESPEARE and KAREN

(Applicants) AND: DESMOND WILLIAM KNIGHT?

(Trustee!

MINUTES OF OPDER

SUDGE MAKIN ORDER: PINCUS J.

DATE OF ORDEE 27 NOVEMEER 1986 WHERE MADE: UPISBANE T-2_COURT ORDER? THAT

1. The arplication be dismissed. Z. The applicants say tne respondent's costs of and

incidenta? ta tne preceedings, ta be taxed.

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

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION ) QLD Part X No. 102

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

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RE: PHILLIP JAMES SHAKESPEARE (A Debtor)

EX PARTE: PHILLIP JAMES SHAKESPEARE and KAREN CAROLYN SHAKESPEARE

(Applicants)

AND: DESMOND WILLIAM KNIGHT

(Trustee)

PINCUS J. 27 NOVEMBER 1986

EX_TEMPGRE REASONS FOR CUDGMENT

Tnhi3 25 an application made by PP." and bk. 7, "akespeare for an order that the court review a decision of Mr. D.W. Knight as the trustee under a deea of assiaqnment executed sy P.J. Snakespeare om 1h March 1986. The surisdiction sought to be invoked arises under s.178 of the Banruptcy Act which apriies to persons in the position of Mr. Knight, and as Mr. Douglas on

behalf of the applicant says, gives the court a wide ciscretion.

The dispute relates to a contract for sale of a house which is registered under the Real Property Act 1n the names of Mr. and Mrs. Shakespeare, the contract having been entered into on 29 October 1986. It contemplates the sale of the house at a price of $150,000 ona i small deposit, completion to take place on 29 November 1986.