Re Stecca, R.A. Ex parte Scott, A.G. v. Stevens Sheet Metal P/L [1994] FCA 968

\e JUDGMENT No. ond Dt,

' CATCHWORDS BANKRUPTCY - Bankrupt estate - preferential payments - whether payment to the respondent is void as against the trustee - whether respondent is a payee in good faith and in the

ordinary course of business

Bankruptcy Act s 122

Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266

Spedley Securities Ltd (In liquidation) v Western United Ltd (In liquidation) (1992) 10 ACLC 357

Bank of Australasia v Hall (1907) 4 CLR 1514

Sandell v Porter (1966) 115 CLR 666

Downs Distributing Co Pty Ltd v Associated Blue Star Stores Ltd (In liquidation) (1948) 76 CLR 463

Re Cummins & Anor (1985) 8 FCR 546

No. SB 275 of 1994

Re: ROGER ALEC STECCA Ex Parte: ALAN GEOFFREY SCOTT Respondent: P'

ACN 008 221 001

Branson J. Adelaide 12 December 1994

) ) STRIC GISTRY ) ) GENERAL DIVISION ) No. SB 275 of 1994 ) BANKRUPTCY DISTRICT OF THE STATE ) ) OF SOUTH AUSTRALIA ) Re: ROGER ALEC STECCA Ex Parte: ALAN COT'

VENS S Tt PITY LID ACN 008 221 001

Respondent

ONS FOR JUDGMENT

CORAM: Branson J. PLACE: Adelaide DATE: 12 December 1994

The applicant Alan Geoffrey Scott, is the trustee of the bankrupt estate of Roger Alec Stecca. A sequestration order against the estate of Mr Stecca was made on 28 February 1994

on a creditor's petition dated 6 September 1993.

This application is for a declaration that the payment of $8,346.07 made on 1 October 1993 to the respondent is void as against the trustee by virtue of the provisions of section 122 of the Bankruptcy Act, 1966 ("the Act") as a payment by the bankrupt having the effect of giving the respondent a preference, priority or advantage over other creditors of the

bankrupt. Orders are sought for the payment by the respondent

to the

thereon.

-2-

applicant of the sum of $8,346.07 plus interest

Section 122 of the Act provides, so far as is here relevant,

as follows:-