Re Greer, A.J. v Ex parte Supalux Paint Pty Ltd [1995] FCA 339

CATCHWORDS BANKRUPTCY - control over property of debtor - whether necessary in the interests of creditors for order to be made - whether necessary when Supreme Court order applicable to debtor - evidence of withdrawal of assets. Bankruptcy Act 1966 s50 Deputy Commissioner of Taxation v Clyne (1983) 50 ALR 118 Clyne and the Deputy Commissioner of Taxation (1984) 52 ALR 657 re Penning and Anor; Ex parte State Bank of South Australia and Anor (1989) 89 ALR 417 RE ALAN JAMES GREER EX PARTE SUPALUX PAINT PTY LTD NO WP 622 OF 1995 R D NICHOLSON J PERTH 24 MAY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) LIMITED DISTRIBUTION GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) OF WESTERN AUSTRALIA ) NO WP 622 OF 1995 LIMITED DISTRIBUTION RE ALAN JAMES GREER Judgment Debtor EX PARTE SUPALUX PAINT PTY LTD Petitioning Creditor MINUTE OF ORDER JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 24 MAY 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) LIMITED DISTRIBUTION GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) OF WESTERN AUSTRALIA ) NO WP 622 OF 1995 LIMITED DISTRIBUTION RE ALAN JAMES GREER Judgment Debtor EX PARTE SUPALUX PAINT PTY LTD Petitioning Creditor CORAM: R D NICHOLSON J DATE: 24 MAY 1995 PLACE: PERTH REASONS FOR DECISION This is an application pursuant to s50 of the Bankruptcy Act 1966 in which an order is sought that Christopher Michael Williamson be appointed interim receiver of the property of the debtor; and further that Mr Williamson in that capacity take possession and control of the whole of the property of the debtor, including particular enumerated assets; and further that the debtor deliver all books, documents etcetera to the interim receiver. The application also seeks a direction as to the amount which the applicant should deposit with the interim receiver to meet the latter's fees and expenses. The application is brought Ex parte. Section 50 of the Act in subs(1) reads: "If, on application by a creditor, it is shown to be necessary in the interests of creditors, the court may, at any time after the presentation of a creditor's petition and before sequestration, direct the official trustee or a specified registered trustee to take control of the property of the debtor and make such orders in relation to that property as the court considers just."