Federal Court of Australia
\ | JUDGMENT No. om 2S2uf tt.
CATCHWORDS BANKRUPTCY ~- removal of the Official Trustee as trustee of Bankrupts' estate - whether s 179(1)(a) applies to Official
Trustee.
Bankruptcy Act 1966, ss 159, 160, 177, 178, 179, 179B.
Cooper Brookes (Woollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297.
Muir v Bradley (1984) 57 ALR 155.
Re Humfrey & Anor; Ex parte Official Trustee in Bankruptcy No. VB 2925 of 1991
Judge: Heerey J Date: 8 December 1994 Place: Melbourne
IN THE FEDERAL COUR' F_ AUSTRALIA
VICTORIA DISTRICT ISTRY No. VB 2925 of 1991
eee
GENERAL DIVISION
RE: JACK PETER HUMFREY and VERNA ALISON HUMFREY Bankrupts EX PARTE: THE BANKRUPTS Applicants OFFICIAL TRUSTEE IN TCY Respondent
JUDGE: Heerey J DATE: 8 December 1994
PLACE: Melbourne
MINUTE OF ORDER
THE COURT ORDERS :
1. Declare that s.179 of the Bankruptcy Act 1966 (Commonwealth) applies to the Official Trustee as trustee
of a bankrupt estate.
2. The bankrupts have leave to amend generally the application
dated 7 October 1994. 3. Adjourn hearing for directions to 14 December 1994. 4. The applicants' costs in the trial of the preliminary
issue, including reserved costs, be paid by the respondent.
and
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION
No. VB 2925 of 1991
RE: JACK PETER HUMFREY and
VERNA ALISON HUMFRE Bankrupts
EX PARTE: THE BANKRUPTS Applicants
OFFICIAL TRUSTEE IN BANKRUPTCY Respondent
JUDGE : Heerey J DATE: 8 December 1994
PLACE: Melbourne
ONS FOR JUDGMENT
A sequestration order was made against the estate of the applicants on 2 October 1991. There was no appointment of a registered trustee as trustee of the estate and consequently the Official Trustee became trustee: Bankruptcy Act 1966 (Cth) (the
Act), s.58(1)(a).
By an application dated 7 October 1994 the applicants sought orders that the "Official Receiver" (sic) be removed as trustee of the estate, that one Clive Peter White be appointed trustee, and that a declaration be made that the debtors "be discharged
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