Federal Court of Australia
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JUDGMENT No, wat! © 7 9.4
9 @epcccssecceazoonel evssercccese
CATCHWORDS
BANKRUPTCY - Statutory trust for sale - jurisdiction - whether property vested in the Official Trustee - whether property was "property divisible amongst the bankrupt's creditors" -
whether property held in trust by bankrupt - whether trust manifested and proved in writing - tracing
Bankruptcy Act 1966 (Cth) s 58(1), s 116 Conveyancing Act 1919 (NSW) s 23C(1), s 666
Jurisdiction of Costs (Cross Vesting) Act 1987 (Cth) s 5(4)(b)(iii)
PATRICIA WILLIAMS (ALSO KNOWN AS AILEEN PATRICIA DI PIETRO) EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE
ESTATE OF PATRICIA WILLIAMS V ELIO DI PIETRO NO NB 3348 OF 1991
NORTHROP J SYDNEY 30 NOVEMBER 1994
RECEIVED 3 0 NOV 1994
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
"we
IN THE FEDERAL COURT OF AUSTRALIA
EXERCISING FEDERAL JURISDICTION No NB 3348 of 1991 IN BANKRUPTCY
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES
RE: PATRICIA WILLIAMS
(ALSO KNOWN AS ATLEEN PATRICIA DI PIETRO) Bankrupt
EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE ESTATE OF PATRICIA WILLIAMS
Applicant
AND: ELIO DI_ PIETRO Respondent
COURT: NORTHROP J
PLACE: SYDNEY
30 NOVEMBER 1994
MINUTES OR ORDER
THE COURT ORDERS THAT:
1.
Tasos Castrisos and Robert John Cruickshanks both of 255 Elizabeth Street Sydney be appointed trustees of the land comprised in Folio Identifier 3/507292 and known as 31
Redgum Avenue, Cronulla in the State of New South Wales ("the land").
The land vest in the said Tasos Castrisos and Robert John Cruickshanks subject to any encumbrances affecting the entirety thereof and free from any encumbrances affecting any undivided shares therein upon the statutory trust for sale created pursuant to Division 6 Part IV of the Conveyancing Act (NSW) 1919.
The said trustees be empowered to offer the land for sale and to sell the same either by public auction with power to fix a reserve price for the land or, alternatively, to
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