Federal Court of Australia
Tew aren
JUDGMENT No. 65). 7.37.
CATCHWORDS
Bankruptcy - Application by trustee pursuant to s.122 - payments by bankrupt to creditor within six months before the presentation of a petition - preference priority or advantage over other
creditors - payments received by creditor in good faith for
valuable consideration and in the ordinary course of business.
Bankruptcy Act 1966
Queensland Bacon Pty Ltd v. Rees (1966) 115 C.L.R. 266 Robertson v. Grigg (1932) 47 C.L.R. 257
No. 733 of 1985
Re: PETER KEVIN AITKEN and ANTHONY CHRISTOPHER MATTHEWS and TOMASETTI- PAPER PTY LIMITED
FORSTER, J. PERTH 16 OCTOBER, 1987
RERERAL COURT OF - AUSTRALIA
PRINCIPAL REGISTAY
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGTSTRY
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE. STATE
OF SOUTH AUSTRALIA
No. 733 of 1985
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Re: PETER KEVIN AITKEN Bankrupt ANTHONY CHRISTOPHER MATTHEWS Applicant and: TOMASETTI PAPER PTY LIMITED Respondent JUDGE MAKING ORDER FORSTER J. WHERE MADE PERTH DATE OF ORDER : 16 OCTOBER, 1987 THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of order is dealt with an
Bankruptcy Rule 124.
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
BANKRUPTCY DISTRICT OF THE STATE
) ) ) ) GENERAL DIVISION ) No. 733 of 1985 ) ) ) )
QF SOUTH AUSTRALIA
Re: PETER KEVIN AITKEN
Bankrupt
ANTHONY CHRISTOPHER MATTHEWS
Applicant
and:
TOMASETTI. PAPER PTY LIMITED
Respondent
REASONS FOR JUDGMENT
FORSTER J. : This is an application under s.122 of the Bankruptcy Act
1966 by the trustee of the bankrupt estate of Peter Kevin Aitken to recover certain payments made by the bankrupt to Tomasetti Paper Pty Ltd ("Tomasetti") within six months before the presentation by the bankrupt of his own petition in bankruptcy. Very sensibly the advisers of the parties have agreed most of the
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