IN THE FEDERAL COURT OF AUSTRALIA ) "Et OOM lame Flee bt GENERAL DIVISTON ) BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND ) RE: PAUL ROY JONES Debtor AND: JENNIFER LOUISE JONES Debtor EX PARTE: COASTAL FRAMING CO. PTY. LTD. Creditor MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS \& DATE OF ORDER: 25 MAY 19 WHERE, MADE: BRISBANE THE COURT ORDERS THAT: 1. The time for execution by Ernest George Harris and Wilson Joseph Wilde of the Deed of Assignment dated the 13th day of October 1986 and made between Paul Roy Jones as Debtor and Ernest George Harris and Wilson Joseph Wilde as Trustees be extended to the 13th day of October 1986. The time for execution by Ernest George Harris and Wilson Joseph Wilde of the Deed of Assignment dated 13 October 1986 and made between Jennifer Louise Jones as Debtor and Ernest George Harris and Wilson Joseph Wilde as Trustees be extended to 13 October 1986. Graham Lindsay Starkey be appointed trustee of the Deed of Assignment dated 13 October 1986 between Paul Roy Jones as Debtor and Ernest George Harris QLD Part X 212 of 1986 OLD Part X 213 of 1986 a 3 Ly and Wilson Joseph Wilde as Trustees in place of Ernest George Harris and Wilson Joseph Wilde. Graham Lindsay Starkey be appointed trustee of the Deed of Assignment dated 13 October 1986 between Jennifer Louise Jones as Debtor and Ernest George Harris and Wilson Joseph Wilde as Trustees in place of Ernest George Harris and Wilson Joseph Wilde. All funds with no deduction whatever received by Messrs. Wilde and Harris be paid to Mr. Starkey. The costs of Paul Roy Jones and Jennifer Louise Jones and Coastal Framing Co. Pty. Ltd., of and incidental to this application, be taxed and be treated as coming within the terms of s.109(1)(a) of the Bankruptcy Act. Any property whatever including documents received by Messrs. Wilde and Harris in their capacity as trustees must be delivered forthwith to the newly appointed trustee Mr. Starkey. Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules. Tan te egret se —_ oe IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD Part X 212 of 1986 QLD Part X 213 of 1986 BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND ) RE: PAUL ROY JONES Debtor AND: JENNIFER LOUISE JONES Debtor EX PARTE: COASTAL FRAMING CO. PTY. LTD. Creditor PINCUS J. 25 MAY 1987 EX TEMPORE REASONS FOR JUDGMENT In this matter, an application has been made in respect of each debtor that the time for execution of the deed of asSignment dated 13 October 1986 be extended to that date, and that Mr. G.L. Starkey be appointed trustee. I propose to make those orders, which seem to me to be convenient; that is, I will order in terms of paragraphs 1, 2, 3 and 4 of the application. The other two questions which have arisen concern a sum paid to the previously intended trustees, Messrs. Wilde and Harris, and to costs. The two matters are interrelated because Ray eres poe oe ate . . wee Y a Mr. Murphy, who has appeared here today says that the former trustees desire to retain fees out of the sums paid to them. In my opinion, the attitudes of Messrs. Harris and Wilde is not exemplary. _ They signed the deed late, and then did not take any step to clarify the position other than to write a letter, which is exhibit 1. Subsequently to that, they seem to have been quite inactive, and they did not have the courtesy to appear on this application until specifically requested to do so; nor have they given the Court any concrete information on points which are relevant, namely, what property they have and why they do not want to be trustees. In the circumstances the appropriate course is to order that all funds, with no deduction whatever, received by Messrs. Wilde and Harris be paid forthwith to Mr. Starkey. There is, I am conscious, a dispute as to the amount of those funds, but whether it be $3,000 to $4,000, or the lesser sum mentioned by Mr. Murphy, the effect of my order will be that the whole sum they have received must be paid over, so they will receive no fees, nor costs. The more difficult question arises with respect to the application that the trustee pay the costs of today's proceedings. In the circumstances, it does not seem proper to order that they pay those costs, and I think they should come out of the estate. I do not, however, propose to make any provision for the trustees' costs of appearance today, which they will have to bear themselves. It seems proper that the costs of the applicants, " : Steen ee eer eee es, — rere ee Paul Roy Jones and Jennifer Louise Jones, should come out of the estate so far as they relate to this application, and also that the costs of Coastal Framing Co. Pty. Ltd. should come out of the estate. Apart from the orders I have made in terms of paragraphs 1, 2, 3 and 4 of the application filed on 16 April 1987, it will be ordered that the costs of Paul Roy Jones and Jennifer Louise Jones, and those of Coastal Framing Co. Pty. Ltd., of and incidental to this application, be taxed and treated as costs falling within s.109(1)(a) of the Bankruptcy Act. I decline to order the trustees to pay the costs, but will make no provision for payment of the trustees' costs in respect of today's application; they will have to bear those themselves. I will order that any property whatever, including documents, received by Messrs. Wilde and Harris in their capacity as trustees, must be delivered forthwith to the newly appointed trustee, Mr. Starkey. i certify that this and the & preceding pages are a true cony of the reasons for judgment herein of His Honour Mr, Justice Pincus REY 'Assocla Dated 25 May 1987 rere vee te meee veer see ve Lee - Ssieidaatecaiene inet emeres manta iatian anieer-radeeaseenlict neice