Federal Court of Australia
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LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. P.2085 of 1986
PHILLIP MORRISON and ELIZABETH MARY MORRISON
Debtors
EX PARTE:
SHORELINE CURRENCIES (AUSTRALIA) PTY. LIMITED (in liquidation)
Creditor
EX-TEMPORE REASONS FOR JUDGMENT
BURCHETT J.
In this matter, a creditor's petition under' the
'
Bankruptcy Act 1966 is to come before the Court on 2 February
1987. Substituted service has been effected on the 'debtors, pursuant to an order in that behalf, by delivery of the petition and other documents to a solicitor in Sydney, a Mr. Jankowsk1, and to solicitors 1n London. The debtors left Australia suddenly some time ago, and their last known address was somewhere in the United Kingdom. A recent letter, to a firm of solicitors in London representing a receiver appointed in England, suggests that they have left England and are concealing their present whereabouts, but intend instructing Mr. Jankowski to take
proceedings against the United Kingdom receiver.
On 20 November 1986, I made an order appointing a receiver of the property of the debtors under s.50 of the
Bankruptcy Act. I also made an order under s.29(4) that a letter
of request issue, as a result of which there was an appointment
of the receiver in England to whom I have just referred.
The receiver appointed under s.50, Mr. MacIntosh, now seeks (pursuant to liberty which I reserved in the order appointing him) an order empowering him to complete a contract for the sale, at a price of $440,000, of land and a house erected on 1t at 88 Hopetoun Avenue, Vaucluse. The title to the land is registered under the provisions of the Real Property Act 1900 (NSW), in names which are not the correct names of the debtors, but are names used by them. The evidence is compelling that the land is theirs, subject to the contract. At the time I appointed the receiver, 1t now appears, the contract had already been entered into. The purchasers are pressing for completion which
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