Federal Court of Australia
JUDGMENT No. 626)
CATCHWORDS
Bankruptcy - moneys passing through accounts of bankrupt land and business broker unable to be traced ~ accounts in confusion - whether registered mortgagees entitled to moneys paid to discharge mortgage when loan moneys cannot be traced to them but advanced by bankrupt - moneys repaid subject to resulting or constructive trust in favour of bankrupt and in turn held by him and thus by official trustee on trust for investment creditors of
bankrupt.
Bankruptcy Act 1966
Matter No. SA G44/87
STEPHENSON NOMINEES PTY LTD and THE OFFICIAL RECEIVER ON BEHALF
OF THE OFFICIAL TRUSTEE IN BANKRUPTCY and ex parte ANTHONY FEELEY
ROBERTS and MAREE MELVILLE ROBERTS
FORSTER, SPENDER & GUMMOW JJ. ADELAIDE
6 NOVEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDER
WHERE MADE DATE OF ORDER
THE COURT ORDERS THAT:
ee ee ee
No. G44 of 1987
On Appeal from the Federal
Court of Australia
Re:
STEPHENSON NOMINEES PTY LTD
Appellant and : THE OFFICIAL RECEIVER ON BEHALF
OF THE OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent and ex parte :
ANTHONY FEELEY ROBERTS and MAREE MELVILLE ROBERTS
Mortgagor
FORSTER, SPENDER and GUMMOW JJ.
oo
ADELAIDE
6 NOVEMBER 1987
i. The appeal be dismissed with costs.
Note: Settlement and entry of order is dealt with by Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G44 of 1987 )
GENERAL DIVISION )
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
STEPHENSON NOMINEES PTY LTD
Appellant - and - THE OFFICIAL RECEIVER ON BEHALF
OF THE OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent - and -
ANTHONY FEELEY ROBERTS and MAREE MELVILLE ROBERTS
Mortgagor
CORAM: FORSTER, SPENDER AND GUMMOW JJ :
DATE: 6 NOVEMBER, 1987
REASONS FOR JUDGMENT FORSTER J. :
This is an appeal from a judgment of a single judge of this Court (Fisher J.) on an application by the Official Receiver for and on behalf of the Official Trustee in Bankruptcy ("the official receiver") as trustee of the bankrupt estate of Ross
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