Dugac, A. v. The Official Trustee in Bankruptcy [1988] FCA 62

JUDGMENT No. 60). 78S

CATCHWORDS

BANKRUPTCY - Administration of bankrupt estates - Real estate partly vested in Official Trustee and partly in bankrupts' family - Application for declarations as to liability of Official Trustee to contribute to expenditure made by one co-owner - Expenditure to repair damage to property caused by tenant - Circumstances upon which interest should be paid on expenditure incurred by co-owner - Appropriate rate of

interest.

Bankruptcy Act 1966

NSW G.85 of 1987 ANKICA DUGAC vy THE OFFICIAL TRUSTEE IN BANKRUPTCY

Sheppard, Wilcox and Burchett JJ Sydney 1 March 1988

IN THE FEDERAL COURT OF AUSTPALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.85 of 1987 ) GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ANKICA DUGAC

Appellant

AND: THE OFFICIAL TRUSTEE IN

BANKRUPTCY Respondent CORAM: SHEPPARD, WILCOX and BURCHETT JJ PLACE: SYDNEY DATE: 1 MARCH 1988

MINUTES OF ORDER

THE COURT ORDERS THAT:

L. The orders made by Evatt J on 6 February 1987 be

yar1led by substituting for:

(a) the words and figures "the sum of 56,000" the words and figures "a sum of money

equal to 6/95ths of the value of the

a

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSW G.85 of 1987

GENERAL DIVISION

ON APPEAL FROM A SINGLE

JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ANKICA DUGAC

Appellant

. AND: THE OFFICIAL TRUSTEE IN

BANKRUPTCY Respondent CORAM: SHEPPARD, WILCOX and BURCHETT JJ PLACE: SYDNEY DATE: 1 MARCH 1988

REASONS FOR JUDGMENT

THE COURT: This appeal challenges certain declarations made by Evatt J in connection with the administration of the

estates of two bankrupts, Mijo Dugac and his son Mario.

A sequestration order was made against the estates of the two bankrupts, who carried on a partnership business as formwork contractors, on 9 December 1975, the Official Trustee