Federal Court of Australia
CATCHWORDS
BANKRUPTCY - Secured creditor - Lodgment of proof of debt - Security not valued - Whether security surrendered - Amendment of proof of debt.
Bankruptcy Act 1966 (Cth), ss.90, 91
Re MARGARET ROSEMARY MAY and DENNIS LIN HELDON (Bankrupts) Ex parte AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (Applicant): LESLIE MORRIS HICKMAN (Respondent)
No. NSW 4 of 1983
Neaves Jd. 29 January 1987
Canberra
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. NSW 4 of 1983
BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
Re : MARGARET ROSEMARY MAY and DENNIS LIN HELDON
~ Bankrupts
Ex parte : AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Applicant LESLIE MORRIS HICKMAN
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Neaves J.
DATE. OF ORDER : 29 January 1987 WHERE MADE : Canberra
THE COURT:
1. Declares that Australia and New Zealand Banking Group Limited ("the applicant") did not surrender to Leslie Morris Hickman as trustee of the bankrupt estates of Margaret Rosemary May and Dennis Lin Heldon for the benefit of creditors generally the security which it held by way of second mortgage
registered under the Real Property Ordinance 1925 (A.C.T.) over the Crown
lease of the land known as 59 Tallara Parkway, Narrabundah in the Australian
Note:
2.
Capital Territory, being the land described in Certificate of Title Volume 193, folio 34.
Declares that the applicant is entitled, as against the said Leslie Morris Hickman as such trustee, to retain the
net proceeds of the realization of the said security.
Declares that the applicant is under no legal obligation to pay any monies to the said Leslie Morris Hickman as such
trustee pursuant to the notice of demand dated 8 October 1985.
Declares that the applicant is at liberty to withdraw the proof of debt lodged with the said Leslie Morris Hickman on or about 28 July 1983 and to substitute therefor a proof of debt in proper form proving for the balance of
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