Federal Court of Australia
CATCUBWORDE
BANKRUPICY - Property owned by four equal tenants-in-coammsn - Two tenants-in-common made bankrupt - Bankrupts' shares vested in Official Trustee - Partition and sale of property - Improvements of property through capital expenditure of one co-cwner - Mortgage repayments, water rates and council rates paid by same co-owner - Trustee Liable to contribute to such payments -
Whether interest appropriate on such contributions.
Bankruptcy Act 1966, s.31(1)(f)
Be Mijo Dugac and Mario Dugac (Lockhart J, Unreported, Federa Court of Australia, 9 November 1984)
Equire v Rogers (1979) 27 ALR 330
Muschinshi v Dodds (1986) 60 ALJR 52
RE: THE ESTATES OF MARIO DUGAC AND MITO DUGAC BETWEEN: MARIO DUGAC AND ANKICA DUGAC
AND: THE OFFICTAL TRUSTEE IN BANKRUPTCY ' W508/1975
Evatt J Sydney 6 February 1987
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IN THE FEDERAL COURT OF AUSTRALTA BANKRUPTCY DIVISION OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
W508 of 1975
wee ww
IN THE MATTER of the Bankruptcy Act 1966, Section 31(1)(f)
RE: THE ESTATLS OF MARIO DUGAC AND MIJO DUGAC
BETWEEN: MAPIO DUGAC AND ANKICA DUGAC
Applicants
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent
CORAM: Evatt J
DATE : 6 February 1987
PLACE: Sydney
MINUTES OF ORDER THE COURT DECLARES: That om any partition or sale of the property at 28 Brantwood Street, Sans Souci, the Official Trustee contribute to the
applicant, Ankica Dugac:
(2) the sum of $17,442.96 plus interest being one half of
uw
moneys paid by her in respect of council rates and water rates for the said property from 1977 until 18
September 1985 and mortgage payments in respect of
to
the mortgage registercd on the title of the said
property from 1577 to 31 January 1986;
(ii) the sum of 536,000.00 in respect of improvements made
to the said property by the applicant, Ankica Dugac, in 1977-78.
COURT ORDERS:
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