Federal Court of Australia
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IN_THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. W95 of 1985X
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RE: FREDERICK ROSS AND HELEN ANNE_SHERRIFF
EX PARTE: JAMES JOHN JOLLIFFE Deputy Registrar in Bankruptcy
Applicant
AND: BRYAN RICHARD HARPER
First Respondent
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY
Second Respondent
CORAM: Evatt J DATE : 23 December 1986 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The applicant's application for the costs of the application
dated 21 April 1986 and the application for the examination
° of Mr Sherriff and Mr Thompson dated 30 May 1986 is refused.
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Note: Settlement and entry of orders is dealt with infer 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. W95 of 1985X
RE: FREDERICK ROSS AND HELEN ANNE _ SHERRIFE
EX PARTE JAMES JOHN JOLLIFFE
Deputy Registrar in
Bankruptcy
Applicant AND: BRYAN RICHARD HARPER
First Respondent
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY
Second Respondent
CORAM: Evatt J
DATE : 23 December 1986 PLACE: Sydney
REASONS FOR JUDGMENT
Before the Court is an application by James John Jolliffe, a Deputy Registrar in Bankruptcy, that the costs of an application filed by him on 21 April 1986 in respect of examinations sought ~by the Registrar in Bankruptcy pursuant to ss.179(3) and 212B(3) of the Bankruptcy Act 1966 (the Act) be paid by Frederick Ross
Sherriff and Helen Anne Sherriff (the debtors).
to
The history of the substantive application is briefly set out.
On 9 April 1985 following a meeting of creditors called pursuant to s.194 of the Act, a composition under Part X of the Act was entered into by Mr and Mrs Sherriff. Mr Lindsay Robert Aitken, who was then a registered trustee within the meaning of the Act, was appointed the trustee of that composition. The said meeting which had been called following the signing by the debtors of an authority in accordance with s.188 of the Act, was chaired by one Bryan Richard Harper. The composition provided for the creditors accepting from the debtors the sum of $10,000, payable, as to $5000, forthwith and as to the balance of $5000, within one year. Shortly after the said meeting the first amount of $5000 was paid
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