Re Wills, J. v. Ex parte Wills, J.F. & Anor (Trustee in Bankrupty) [1987] FCA 597

NOT FOR GENERAL DISTRIBUTION

JUD@MENT No. A./$1-

IN THE FEDERAL COURT OF AUSTRALIA

EXERCISING FED I ION N.S.W. No. 665 of 1982

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IN_BANKRUPTCY

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES THE AU: IAN CAPITAL ITORY

Re: JACK FRANKLIN WILLS and ANNETTE JOAN WILLS

Ex Parte: JACK FRANKLIN WILLS and ANNETTE JOAN WILLS Applicants

THE OFFICIAL TRUSTEE IN RUPTCY Respondent

and

Ex Parte: THE OFFICIAL TRUSTEE IN UPTCY Applicant

PRANBRIDGE CORPORATION PTY. LTD. Respondent

COURT: NORTHROP J. DATE : 4 NOVEMBER 1987 PLACE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS THAT: -

1. The declaration and orders sought by the Official Trustee in his application dated 23 December 1986 be refused.

2. Pranbridge is entitled to the funds on interest bearing

term deposit with the Commonwealth Trading Bank of Australia in the joint names of Pranbridge and the Official Trustee.

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The Official Trustee pay Pranbridge's taxed costs of this application.

4. The application dated 24 July 1986 by Jack Franklin Wills and Annette Joan Wills be refused.

5. There be no order for costs on that application.

(This order is to be settled and filed in accordance with rule 1li¢ of the Bankruptcy Ruies.,;

IN THE Cc T_OF AUS IA

CISING ERAL JURISDICTION N.S.W. No. 665 of 1982

—wewvw

IN _BANKRUPTCY

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

Re: JACK FRANKLIN WILLS and ANNETTE JOAN WILLS

Ex Parte: JACK FRANKLIN WILLS and ANNETTE JOAN WILLS Applicants

THE OFFICIAL TRUSTEE IN BANKRUPTCY Respondent

and

Ex Parte: THE OFFICIAL TRUSTEE

IN UPTCY Applicant PRANBRIDGE CORPORATION PTY. LID. Respondent

COURT: NORTHROP J. DATE : 4 NOVEMBER 1387 PLACE: MELBOURNE

REASONS FOR JUDGMENT:

These two applications were heard together. On 20 September 1982, Jack Franklin Wills ("Wills") and Annette Joan Wills, his wife, became bankrupt by virtue of the presentation of their own petition; see s.55 of the