Re Jones, G.J. & Anor v Ex parte Ledger, A.E. as Trustee of the Property of Jones, G.J. & Anor [1988] FCA 2

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CATCHWORDS

Bankruptcy — Application by trustee pursuant to s.122 -— payments

by bankrupts to creditor within six months before presentation of their petitions - at the time payments were the bankrupts were unable to pay their debts as they became payments constituted a preference priority or advantage

other creditors — payments not received by the creditor in

faith — interest.

Bankruptcy Act 1966

No. 637 of 1986

GRAEME JOHN JONES and BEVERLEY LORRAINE BARNETT ex parte

EDSON LEDGER as trustee of the property of GRAEME JOHN JONES

BEVERLEY LORRAINE BARNETT bankrupts v. BUNNINGS LIMITED

FORSTER, J. ADELAIDE

15 JANUARY, 1988

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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE

OF WESTERN AUSTRALIA

No. 637 of 1986

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Re: GRAEME JOHN JONES and BEVERLEY LORRAINE BARNETT

Bankrupts Ex Parte :

ALAN EDSON LEDGER as Trustee of the property of GRAEME JOHN JONES and BEVERLEY LORRAINE BARNETT Bankrupts

Applicant - and -

BUNNINGS LIMITED

Respondent JUDGE MAKING ORDER : FORSTER J. WHERE MADE : ADELAIDE

DATE OF ORDER

15 JANUARY, 1988

THE COURT DECLARES THAT:

The payments made by the bankrupts to the respondent in the sum of $2,238-59, $1,000-00, $2,000-00, $3,000-00, $1,600-00 and $400-00 made on 22 May 1986, 26 June 1986, 30 June 1986, 8 July 1986, 28 July 1986 and 8 August 1986 respectively constitute a preference priority or advantage to the respondent and are void against the

applicant.

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THE COURT ORDERS THAT:

Note:

There be judgment for the applicant against the respondent in the sum of $10,238-59 together with an amount of $1,890-00 for interest making $12,128-59 in total.

The respondent pay the applicant's costs of action to be

taxed.

Settlement and entry of order is dealt with in Bankruptcy Rule 124.