Federal Court of Australia
bod CATCHWORDS
BANKRUPTCY - Whether bankrupts complied with direction of trustee ~- Whether certain items constitute "necessary household property" within the meaning of s.116(2)(b) of the Bankruptcy Act 1966 - Meaning of "ordinary tools of trade" within s.116(2)(c) of the said Act - Which aggregate amount applies due to the repeal of a Rule and the insertion of a new Rule ~ Meaning of "in the aggregate" within s.11612)(c) - Whether Court in its discretion
should allow the bankrupts to retain the tools of trade the value
of which in the aggregate exceeded the prescribed amount or
whether a creditors' meeting for determining that question should
be ordered.
Bankruptcy Act 1966, ss. 30(5), 58, 116(2)(b) and (c), 265, 309(1)
Bankruptcy Rules, rr. 92, 202 Postal Services Act 1975, ss. 5, 36, 46(1) and 115
White v Quartermain & Ors (Duggan J, Unreported, Victoria County
Court, 24 June 1985) Re Belcher (1932-34) 6 ABC 35
Willsmer v Jacklin (1861) 5 L.T. 252
RE: NOEL KENNETH DOWELL & DIANA SCOTT DOWELL;
BETWEEN: STEPHEN GRAHAM MARKS as Trustee of the joint and separate Estates of NOEL KENNETH DOWELL & DIANA SCOTT DOWELL; AND: NOEL KENNETH DOWELL & DIANA SCOTT DOWELL No. 585/1985
Evatt J Sydney 13 February 1987
IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE ) No. 585 of 1985 STATE OF VICTORIA )
IN THE MATTER of the Bankruptcy Act 1966, Section 30(5)
RE: NOEL KENNETH DOWELL & DIANA SCOTT DOWELL
Bankrupts BETWEEN: STEPHEN GRAHAM MARKS as Trustee of the joint and
separate Estates of NOEL
KENNETH DOWELL & DIANA SCOTT DOWELL
Applicant
AND: NOEL KENNETH DOWELL & DIANA SCOTT DOWELL
Respondents
CORAM: Evatt J DATE ; 13 February 1987 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDER THAT: 1) The trustee call a further meeting of creditors within one
month from the date of this order for the purpose of the
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