Federal Court of Australia
'JUDGMENT No. 70.1. BB...
CATCHWORDS
BANKRUPTCY - money advanced to bankrupt for specific purpose - nature of relationship between person advancing money and bankrupt - whether property divisible amongst creditors or property held in trust for another - title and liability of trustee in bankruptcy - circumstances where knowledge of trustee in bankruptcy of specific purpose with which money is impressed is relevant - result where primary trust fails -
Bankruptcy Act 1966; ss. 58, 116 - Kieran v Johnson (1815) 1 Stark. 109; 171 E.R. 417 explained.
Bankruptcy Act 1966, ss. 58, 116
No. 576 of 1985
BONI JOHN VELI and SANDRA VELI ex parte A.B. DEVELOPMENTS
PTY. LTD. v DAVID HENRY SCOTT as trustee of the property of BONI JOHN VELI and SANDRA VELI
Ryan J. Melbourne
25 February 1988
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
BANKRUPTCY DISTRICT OF THE
STATE OF VICTORIA
DEBTOR:
EX PARTE:
MINUTES OF ORDER
Judge Making Order: Ryan J. Date of Order: 25 February 1988
Where Made: Melbourne
The Court Declares That:
1.
) ) ) No 576 of 1985 ) ) )
BONI JOHN VELI
A.E. DEVELOPMENTS PTY. LTD.
(Applicant)
DAVID HENRY SCOTT AS TRUSTEE FOR BONT JOHN VELT AND SANDRA _VELI
(Respondent)
As between the applicant, A.E. Developments Pty. Ltd.
and the Trustee, David H. Scott, the sum of $20,000
paid on 19 May 1987 to the credit
of the account of
Boni John Veli at the Bentleigh branch of the National
Australia Bank is not property divisible amongst the
creditors of the bankrupt.
And Directs That:
2. So much of the sum as is now in the hands of the said
Trustee be paid to the said applicant.
Note: Settlement and entry of orders is dealt with by
Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No 576 of 1985
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
DEBTOR: BONI JOHN VELI EX PARTE: A.E. DEVELOPMENTS PTY. LTD. " (Applicant) AND: DAVID HENRY SCOTT
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