Re Scrivener, B.J. & Ors v. Ex parte Scrivener, J.Y. [1987] FCA 660

JUBQMENT Io. 060 /. Si.

IN THE FEDERAL COURT NOT INTENDED FOR GENERAL DISTRIBUTION

OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF

WESTERN AUSTRALIA NO. 327 OF 1987

RE: BRIAN JOHN SCRIVENER and

JEANETTE YVONNE SCRIVENER

formerly known as FLANNERY Bankrupts

EX PARTE: JEANETTE YVONNE SCRIVENER

formerly known as FLANNERY

Applicant

MINUTE OF ORDER

JUDGE MAKING ORDER: FRENCH J.

DATE OF ORDER: 23 NOVEMBER 1987

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The composition in terms of the resolution passed at the

creditors' meeting held on 7 October 1987 is approved.

2. The bankruptcy is annulled.

Note: Settlement and entry of orders is dealt with in

Rule 124 of the Bankruptcy Rules.

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sp oer ey eee

2.

The background history as outlined in the official Trustee's report, indicates that when they became bankrupt Mr and Mrs Scrivener were aged 33 and 27 years respectively and had two

dependent children, aged 5 and 2.

In July 1982 Mr Scrivener had been discharged from the RAAF and gained employment with Greyhound Coaches as an interstate coach driver. From then until November 1984 he held various

positions as an employee. Mrs Scrivener was employed as a dental

nurse until July 1983. ,

In December 1984 the Scriveners purchased a house in Merredin for $30,000 secured by mortgage in favour of the Defence Service Homes Corporation. In 1985 they obtained a personal loan of $11,280 to consolidate existing debts and to purchase a Suzuki motor bike. Wirth a view to commencing a business as cartage contractors they bought a 1979 Kenworth K124 prime mover in February 1986 under a lease agreement with Esanda Finance Corporation Limited for total repayments of $95,128. These were to be made by instalments of $1,606.83 per month over a period of four years with a residual value of $18,000. They were secured by