Re McKeering, P.M. v Ex parte Stafford, R.B. & Ors [1995] FCA 456

IN THE FEDERAL COURT OF AUSTRALIA )No QP 282 of 1995 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: The estate of PAUL MURRAY McKEERING, deceased Debtor EX PARTE: ROSEMARY BOLTON STAFFORD, CARMEL MARY SPEEDY and AILEEN NORA O'GORMAN as executors of the estate of MARY KATHLEEN McKEERING deceased Applicants ANDREW JAMES RATTLE as legal personal representative of the estate of Paul Murray McKeering deceased Respondent MINUTES OF ORDER JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 27 June, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs of and incidental to the application, to be taxed. UPON the applicants giving the usual undertaking as to damages THE COURT FURTHER ORDERS THAT, until the determination of the petition or earlier order: 1. The respondent be restrained from disbursing any part of the proceeds of sale of the property the subject of the application, if the sale proceeds, other than the costs and expenses of the sale and the amount due by the deceased estate to the secured creditors referred to in the material. 2. The proceeds of sale be held in the trust account of McCrea Jones with liberty to Messrs. McCrea Jones to transfer those proceeds to an interest bearing account with a bank upon condition that Messrs. McCrea Jones forthwith notify the solicitors for the petitioning creditors in writing of the details of any such account. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) No. QP 282 of 1995 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: The estate of PAUL MURRAY McKEERING, deceased Debtor EX PARTE: ROSEMARY BOLTON STAFFORD, CARMEL MARY SPEEDY and AILEEN NORA O'GORMAN as executors of the estate of MARY KATHLEEN McKEERING deceased Applicants ANDREW JAMES RATTLE as legal personal representative of the estate of Paul Murray McKeering deceased Respondent CORAM: Drummond J PLACE: Brisbane DATE: 27 June, 1995 REASONS FOR JUDGMENT This is an application to appoint a registered trustee to take charge of a sale about to take place in a few minutes time by way of auction. The registered trustee is the person intended by the petitioning creditors to be appointed administrator of an insolvent estate in the event that an administration order in bankruptcy is made on a petition that is pending before the Court. The petition refers to non-payment of a very substantial judgment debt obtained by the petitioning creditors against the estate of the deceased debtor.