Federal Court of Australia
JUDGMENT No 394 / && _
CATCHWORDS
BANKRUPTCY —- property of bankrupts - vesting in trustee - cause of action accruing before bankruptcy - relating to property and estate of bankrupts - authority from trustee to bankrupts to commence action for benefit of creditors - no effective assignment - no standing in bankrupts to bring action - application
dismissed.
Bankruptcy Act 1966
Starke - Assignment of Choses in Action in Australia para.105 Lewis — Australian Bankruptcy Law 8th Ed. p.131
Jackson v Sterling Industries Ltd (1987) 71 ALR 457; (1986) 69 ALR Faulkner v Bluett (1981) 52 FLR 115
Pegler v Dale (1975) 24 FLR 401
General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) Liz cLuR 125
Boaler v Power [1910] 2 KB 229
W.R. Henry & Son v Hodge (1961) 20 ABC 87 Shillito v Bent [1973] VR 762
EDWARD JAMES BRIDE and WENDY MARGARET BRIDE v AUSTRALIAN BANK LIMITED and BRYAN GUTHRIE STEWART WAG NO. 62 OF 1987
FRENCH J. . PERTH oa 26 JULY 1988
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )
)
GENERAL DIVISION No. WAG 62 of 1987
BETWEEN: EDWARD JAMES BRIDE and WENDY MARGARET BRIDE
Applicants
and
AUSTRALIAN BANK LIMITED First Respondent
and
BRYAN GUTHRIE STEWART Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 26 July 1988 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicants are to pay the respondents' costs of
the application.
Note: Settlement and entry of orders is dealt with
in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
eee ee
No. WAG 62 of 1987
BETWEEN: EDWARD JAMES BRIDE and WENDY MARGARET BRIDE
Applicants
and
AUSTRALIAN BANK LIMITED First Respondent
and
BRYAN GUTHRIE STEWART Second Respondent
CORAM: FRENCH J. 26 July 1988
REASONS FOR JUDGMENT ON MOTION TO DISMISS APPLICATION
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