Federal Court of Australia
CATCHWORODS
BANKRUPTCY -
partnership - partners severally sequestrated - sequestrations by joint creditor - whether petitioning creditor of joint estate entitled to prove as if separate creditor.
STATUTES - Bankruptcy Act 1966 - whether codification of law - whether common law rules of bankruptcy survive - inconsistency with Act.
Bankruptcy Act, ss.110, 141
Ny Re: Desmond Russell Owen aot ows Ex parte: G. James Pty. Ltd. foe . . Qld. E611 of 1985 pro ro Sy @oo ' aon = 2a > or) -_— i PINCUS J. BRISBANE
9 JUNE 1987
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
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QLD F611 of 1985
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: DESMOND RUSSELL _ OWEN
Bankrupt EX PARTE: G. JAMES PTY. LTD. Creditor MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 9 JUNE 1987 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The surplus arising in the separate estate of
Desmond Russell Owen be dealt with as part of the joint estate of Desmond Russell Owen and Vincent Norman Cox.
2. G. James Pty. Ltd. shall have no right to prove in respect of the separate estate of Desmond Russell Owen.
3. The trustee's costs of this application be paid out of the joint estate.
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
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QLD E6ll of 1985
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
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RE: DESMOND RUSSELL OWEN
Bankrupt EX PARTE: G. JAMES PTY. LTD.
Creditor
PINCUS J. 9 JUNE 1987
REASONS FOR JUDGMENT
This application raises a question as to the proper distribution of a surplus arising inthe separate estate of Desmond Russell Owen, against whom a sequestration order was made on the petition of G. James Pty. Ltd. on 26 August 1985. On the same day, Mr. Owen's partner, Vincent Norman Cox, was also made bankrupt and by virtue of a consent previously filed under s.156A of the Bankruptcy Act 1966, the applicant became trustee of the joint and separate estates. The point raised has to do with the relationship between the "common law of bankruptcy" and the
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