Federal Court of Australia
CATCHWORODS
BANKRUPTCY - Tracing moneys through accounts of bankrupt land and finance broker - accounts in confusion - whether unregistered mortgagees entitled to moneys secured - quasi-fiduciary
relationship between investor mortgagees and bankrupt ~- moneys of
mortgagees not "fairly identifiable".
BANKRUPTCY ACT 1966
RE: THE BANKRUPT ESTATE OF ROSS DANIEL HODBY
BETWEEN: THE OFFICIAL RECEIVER for and on behalf of THE OFFICIAL TRUSTER
IN BANKRUPTCY Applicant -~ and -
COLIN LEO KLAU, GLENYS KAY KLAU, GLENCOL PTY. LTD. R.S.C. RYMILL
PTY. LTD. PATRICIA JANE RYMILL, KRAKAT PTY. LTD. MICHAEL BERNARD HART, MAUREEN HART, DONALD PATRICK PLUNKETT, JOYCE SUSANNAH SMART
and PAUL KERTESZ Respondents
EX PARTE: G. BAILETTI & SONS & OTHERS and KRAKAT PTY. LTD.
F.R. FISHER J.
ADELAIDE 16 APRIL 1987
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. 910/11 of 1986
GENERAL DIVISTON
RE: THE BANKRUPT ESTATE OF ROSS DANIEL HODBY
BETWEEN:
THE OFFICIAL RECEIVER for and on behalf of THE OFFICIAL TRUSTEE IN BANKRUPTCY
Applicant - and -
COLIN. LEO KLAU, GLENYS KAY KLAU, GLENCOL PTY. LTD. R.S.C. RYMILL PTY. LTD, PATRICIA JANE RYMILL, KRAKAT. PTY. LTD, MICHAEL BERNARD HART, MAUREEN HART, DONALD PATRICK PLUNKETT, JOYCE SUSANNAH SMART and PAUL
KERTESZ
Respondents
EX PARTE: G. BAILETTI & SONS & OTHERS and KRAKAT
PTY. LTD. MINUTE OF ORDER JUDGE MAKING ORDER : FISHER J. WHERE MADE : ADELAIDE DATE OF ORDER : 16 APRIL 1987
THE COURT ORDERS THAT:
1. The Official Receiver 1s entitled, subject to any
2. application which may be made by any party not before the Court or who has not received notice of this application to trace his own money into the sum of $586,000, to the said sum of $586,000 being portion of the sum of $800,603.45 standing in Court to the credit
of the account entitled "Estate of Ross Daniel Hodby -
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