Federal Court of Australia
JUDGMENT No. 27,23,
seaeaes stosneseases:
CATCHWORDS
Bankruptcy - joint tenants in land - one joint tenant made bankrupt on creditor's petition - seventeen days later other
joint tenant presented own petition and thus became bankrupt - whether upon first bankruptcy joint tenancy severed - property
sold by trustee of both estates - how proceeds should be treated.
Federal Court of Australia Act 1976, s.25(6)
Bankruptcy Act 1966, s.110
Holland & Anor. Ex Parte Official Trustee in Bankruptcy (unreported, 16 February 1985, Fisher J.) Oswald & Anor. Ex Parte Official Trustee ain Bankruptcy
(unreported, 14 dune 1985, Beaumont J.) Re Rushton (1972) Ch. 197
Morgan v. Marguis 156 E.R. 62
In re Butler's Trusts (1888) 38 Ch. D. 286
Wright v. Gibbons 949) 78 C.L.R.
Re Boots Ex Parte Official Receiver (1976) 26 F.L.R. 320
Nos. 845 and 883 of 1981
Re: RODNEY WAYNE FRANCIS and YVONNE BERYL FRANCIS Ex Parte OFFICIAL TRUSTEE IN BANKRUPTCY
FORSTER, WOODWARD & SPENDER JJ. ADELAIDE
16 JUNE, 1988
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
No. 845 of 1981 No. 883 of 1981
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
www SS SS SS
OF SOUTH AUSTRALIA
Re: RODNEY WAYNE FRANCIS and YVONNE BERYL FRANCIS
Bankrupts Ex Parte:
OFFICIAL TRUSTEE IN BANKRUPTCY
Applicant
FORSTER, WOODWARD &
JUDGES MAKING ORDER SPENDER JJ.
ADELAIDE
ry
WHERE MADE
DATE OF ORDER H 16 JUNE 1988
THE COURT ORDERS THAT:
The question reserved be answered as follows : "The proceeds of sale of the property should be treated as part of the respective separate estates of the two bankrupts, half the
said proceeds being part of each estate."
Note: Settlement and entry of order is dealt with in Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
No. 883 of 1981 BANKRUPTCY DISTRICT OF THE STATE
) ) GENERAL DIVISION ) No. 845 of 1981 ) ) ) )
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