Re Cois, N. & Anor v Devery, J. & Anor [1995] FCA 484

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) No. E178 of 1994 BANKRUPTCY DISTRICT OF THE ) STATE OF QUEENSLAND ) RE: Nigel COIS Bankrupt BETWEEN: Ivor WORRELL Applicant AND: Julie DEVERY First Respondent AND: Patrick Edward NEHEMIA (aka Patrick RAHARANA) Second Respondent MINUTES OF ORDER JUDGE MAKING ORDER: Spender J DATE OF ORDER: 7 July 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. the second respondent pay to the applicant trustee the sum of $10,000.00 within six weeks of today's date; 2. there be no order as to costs. THE COURT GRANTS liberty to apply. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) No. E178 of 1995 BANKRUPTCY DISTRICT OF THE ) STATE OF QUEENSLAND ) RE: Nigel COIS Bankrupt BETWEEN: Ivor WORRELL Applicant AND: Julie DEVERY First Respondent AND: Patrick Edward NEHEMIA (aka Patrick RAHARANA) Second Respondent CORAM: Spender J DATE: 7 July 1995 PLACE: Brisbane REASONS FOR JUDGMENT This is an amended application by the trustee of the bankrupt estate of Nigel Cois and an application by one of the respondents to the application by the trustee. Both applications concern the entitlement to a Landrover Discovery four-wheel drive vehicle registration No. 797-BOU. On 28 September 1994, Ivor Worrell, the trustee of the estate of Nigel Cois, sought orders that the property the subject of a notice pursuant to s. 139ZQ of the Bankruptcy Act 1966 ('the Act') be delivered up to the trustee by the bankrupt and/or the respondent. The respondent referred to was Julie Devery. The application also sought that pursuant to s. 77(g) of the Act the bankrupt and the respondent advise the trustee of the location of the property and assist the trustee to recover the property. It sought directions from the court with respect to the refusal or failure to comply with that notice, and costs. Mr Ivor Worrell is the registered trustee of the estate of Nigel Cois, who was made bankrupt pursuant to creditor's petition No. 2742 of 1993. A sequestration order was made against his estate on 1 February 1994 in respect of an act of bankruptcy committed on 13 December 1993. The vehicle the subject of the present applications was sold by Southside Land Rover on 30 September 1993 for the sum of $49,548.90. It is the circumstances of that transaction which are the subject of both applications. There is no doubt that the purchase of the vehicle was financed by the trade-in of a Toyota Forerunner registration No. 693-BGO at a figure of $36,000.00 with the balance, after various adjustments and allowances, having been paid by cheque and cash. The evidence establishes that on 29 September 1993 Mr Cois made a cheque withdrawal from his Suncorp account No. 20 02-468655-1 for $10,000.00, that cheque being made payable to Southside Land Rover. The vehicle the subject of the trade-in was registered in the name of Patrick Nehemia, who is also the same person as Patrick Raharana. The documentation surrounding that purchase is the subject of further reference later in these reasons.