Re Emanuelli, D.J. v. Ex parte Horsburgh, A.M. [1987] FCA 34

LIMITED DISTRIBUTION

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No. 451 of 1584

IN THE FEDERAL COURT OF AUSTRALIA

s

EXERCISING FEDERAL JURISDICTION

IN BANKRUPICY

BANKRUPTCY DISTRICT OF THE sTATE OF VICTORIA

Re : DAVID JOHN EMANUELLI a Bankrupt

Ex Parte : ALAN MURRAY HORSBURGH (as trustee of the property or David John Emanuelli, a bankrupt) Applicant

COURT: NORTHROP J.

DATE: 11 FEBRUARY 1987 PLACE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS THAT: -

i. The amount of $200,000 paid to David John Emanuelli by the A.M.P. Fire and General Insurance Co. Ltd. be treated as property of the bankrupt vested in Alan Murray Horsburgh as trustee or David John Emanuelli, a bankrupt.

ee The costs of each of the parties to this application be treated as expenses incurred in the administration of the estate of the bankrupt, be taxed and be paid out of the estate of the bankrupt.

(This order 15 to be settled and filed ain accordance with rule 124 of the Bankruptcy Rules.)

s/

I) ThE FEDERAL ZuuURT uP AUSTRALIA

KALE ISING FEDERAL JURLSOICTIOU

- pa a a LG e fa A, e oo to a

IN BANKRUESTCOY

BANKRUPTCY DISTRICT UF THE STATE OF VICTORIA

Re : DAVID JOHN EMANUELLI a Bankrupt

Ex Farte : ALAN MURRAY HORSBURGH (as trustee or the property or David John Emanuelli, a bankrupt) aAbplicant

COURT: NORTHROF J.

i te]

ll FESRUARL Lyd7

ELACE: NELBOURNE

REASONS FOR JUDGMENT

This application brought under s.1l34(4) of the Bankruptcy Act 1366 ("the Act") by Alan Murray Horsburgh ("the trustee") as trustee of the property or David John Emanuelli, a bankrupt, raises ror consideration the proper application of 5.117 of the Act. That section 15 set out in fFull:-

"Li7. (li Where-

1a) bankrupt 15 Gr was insured under a

a contract or insurance against liabilities to third parties; and

1b) a liability against which he 15 or was 50 insured has been incurred (whether berore or after he became a bankrupt),