Federal Court of Australia
JUDGMENT No. o22/81
CATCHWORODS
BANKRUPTCY - s.120(1) Bankruptcy Act - whether mortgage a "settlement of property" - forbearance to sue on Iloan
repayable at will - whether valuable consideration.
BILLS OF SALE - security document with no express power to seize on default - whether bill of sale - existence of implied power sufficient.
- Bills of Sale and Other Instruments Act of 1955 (Q.) - s.7(1) - whether trustee in bankruptcy "any other
person".
Bankruptcy Act s.120(1) Bilis of Sale and Other Instruments Act of 1955 (Q.) ss.7(1)
Re: John William Sullivan Ex parte: William Sullivan & Anor.
QLD BN824 of 1986
PINCUS J. BRISBANE 11 NOVEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
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QLD BN824 of 1986
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RE: JOHN WILLIAM SULLIVAN EX PARTE: WILLIAM SULLIVAN and GLADYS J. SULLIVAN
Applicants THE OFFICIAL RECEIVER
Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 11 NOVEMBER 1987 WHERE MADE: BRISBANE
THE COURT DECLARES THAT -
The Ford Falcon utility the subject of these proceedings is vested in the respondent.
ORDERS THAT - 1. The application is dismissed. 2. The applicants pay the respondent's costs of and
incidental to the application to be taxed.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
~~
QLD BN824 of 1986
~
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
~
RE: JOHN WILLIAM SULLIVAN EX PARTE: WILLIAM SULLIVAN and GLADYS J. SULLIVAN
Applicants THE OFFICIAL RECEIVER
Respondent
PINCUS J. 11 NOVEMBER 1987
REASONS FOR JUDGMENT
This 1s a dispute about ownership of a motor vehicle, a Ford Falcon utility. The applicants are parents of the bankrupt and apply to have it declared that they own the vehicle and that it is not an asset in the bankrupt's estate. The relevant sequestration order was on 15 September 1986. The respondent is
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