Re Elliott, A.P. v Ex parte Elliott, A.P. [1995] FCA 176

CATCHWORDS

BANKRUPTCY - objection to appointment of particular trustee - allegation that administration of a deed of arrangement required investigation - prima facie no conflict of duty and interest - interests of creditors. Re Allen Phillip Elliott Ex parte: Allen Phillip Elliott Estate No. 184 of 1995 Cooper J., Brisbane, 27 March, 1995

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND Estate No. 184 of 1995 RE: ALLEN PHILLIP ELLIOTT (Debtor) EX PARTE: THE ABOVENAMED (Applicant)

JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 27 March, 1995

MINUTES OF ORDER THE COURT ORDERS THAT: 1. The deed of arrangement dated 11 December, 1991 be terminated; 2. A sequestration order be made against the estate of Allen Phillip Elliott; 3. Jay Arscott Stevenson and Philip Gregory Jefferson be appointed trustees of the estate of the bankrupt. 4. The costs of Jay Arscott Stevenson and Philip Gregory Jefferson of and incidental to the application filed on 27 March, 1995 be the trustee's costs of and incidental to the administration of the estate in bankruptcy, and be given priority and paid in accordance with the provisions for the payment of costs in section 109 of the Bankruptcy Act 1966. THE COURT DIRECTS THAT:- 5. The Registrar not receive a debtors petition from Allen Phillip Elliott. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND Estate No. 184 of 1995 RE: ALLEN PHILLIP ELLIOTT (Debtor) EX PARTE: THE ABOVENAMED (Applicant)