Re Rumpf, B.J. v Ex parte The Offical Trustee in Bankruptcy (as trustee of the bankrupt estate of Rumpf, B.J.) & Ors [1988] FCA 52

JUDGMENT No. D2. LBL

IN THE FEDERAL COURT OF AUSTRALTA )

GENERAL DIVISTON ) No. 533 of 1986 ) )

BANKRUPICY DISTRICT OF THE STATE OF VICTORIA

RE: BARRY JAMES RUMPF

THE OFFICIAL TRUSTEE IN BANKRUPTCY (as trustee of the bankrupt estate of Barry James Rumpf )

Applicant

BARRY JAMES RUMPF , VIRGINIO GROLLO PLANT

HIRE PTY. LTD., JOSEPH

BARHAM, ANTHONY SMITH, VITTORIA GROLLO

(personally and as administratrix of the estate of the late Virginio Grollo deceased)

Respondents

CORAM: Jenkinson J.

DATE: 10 February, 1988

REASONS FOR JUDGMENT

Application by the Official Trustee in Bankruptcy as trustee of the estate of the bankrupt Barry James Rumpf for declarations that the issued shares in the respondent Virginio Grollo Plant Hire Pty. 1td. and certain parcels of land were beneficially owned by the bankrupt at the commencement of the

bankruptcy and are property divisible amongst the bankrupt's

creditors.

Z.

Me. Rumpf became bankrupt on 14 July 1986 on his own petition. At the time when this application was heard he had been in gaol since 25 July 1986. On that date he was committed for contempt of the Supreme Court of Victoria. Subsequently he was ordered to be imprisoned for contempt of this Court in relation to his bankruptcy and he was also sentenced to a term of imprisonment

upon conviction of an indictable offence.

Mr. Rumpf i5 an accountant. For some years before his bankruptcy he practised his profession from his home. Among his clients were four brothers named Grollo, who were builders in a

substantial way of business. Mr. Rumpf was a trusted adviser, the

evidence suggested, in relation to the financial affairs of the

brothers and of the companies which they controlled.

One of the four Grollo brothers, Virginio, died intestate in 1984 and his widow, who is a respondent to the application, has at material times been the administratrix of his estate, according to the admission of her counsel on the hearing of the application. At his death Virginio Grollo controlled the respondent Virginio Grollo Plant Hire Pty. Ltd. ("Plant Hire"). He was the holder and beneficial owner of one of the two issued shares in-Plant Hire and his wife was the holder and beneficial owner of the other share. Subsequently she became registered as the holder of her deceased husband's share in her representative capacity, it was asserted by counsel for the Official Trustee, although the only evidence which might be thought to support the assertion was the statement in a return lodged on behalf of Plant