Re Shields, Geoffrey Neil Keith & Anor Ex Parte Official Trustee in Bankruptcy v Shields, Isaac John Mackay & Ors [1996] FCA 632

CATCHWORDS No. NG of Coram: Whitlam J Place: Sydney Date: 1996

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NB 209 of 1992 ) GENERAL DIVISION ) RE: GEOFFREY NEIL KEITH SHIELDS and NORMA ROSE SHIELDS Bankrupts EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY Applicant ISAAC JOHN MACKAY SHIELDS DOROTHY ISOBEL SHIELDS JAMES ISAAC KEITH SHIELDS JENNIFER MARGARET HEATON Respondents Coram: Whitlam J Place: Sydney Date:26 July 1996 MINUTES OF ORDER THE COURT DECLARES THAT: 1. The bill of sale given on 29 May 1990 by Geoffrey Neil Keith Shields and Norma Rose Shields to Isaac John Mackay Shields as grantee is void as against the Official Trustee in Bankruptcy as trustee of the bankrupt estates of Geoffrey Neil Keith Shields

and Norma Rose Shields. 2. The mortgage dated 19 October 1990 between Geoffrey Neil Keith Shields and Norma Rae Shields as mortgagors and Isaac John McKay Shields and Dorothy Isobel Shields as mortgagees in respect of the land in folio identifier 18/752879 is void as against the Official Trustee in Bankruptcy as trustee of the bankrupt estates of Geoffrey Neil Keith Shields and Norma Rose Shields. AND THE COURT ORDERS THAT: 3. Isaac John Mackay Shields deliver up to the Official Trustee in Bankruptcy the bill of sale referred to in paragraph 1. 4. Dorothy Isobel Shields, James Isaac Keith Shields and Jennifer Margaret Heaton execute a discharge of the mortgage referred to in paragraph 2 in a form to be sent to them by the solicitors for the Official Trustee in Bankruptcy. 5. If any of the persons named in paragraph 4 fails to deliver an executed form of discharge to the solicitors for the Official Trustee in Bankruptcy within 21 days after those solicitors have sent such a form for execution by prepaid post addressed to that person at his or her last known place of residence, a form of discharge may be executed on behalf of such person by a Registrar of the Court. 6. The respondents deliver up to the Official Trustee in Bankruptcy the certificate of title for the land in folio identifier 18/752879 and the mortgage referred to in paragraph 2. 7. The respondents pay the Official Trustee in Bankruptcy's costs of its application filed on 4 August 1995, including any reserved costs. 8. The applicant have liberty to have this proceeding re-listed on 3 days' notice for the purpose of seeking any further orders or directions as may be necessary to give effect to the declarations and orders set out in the above paragraphs. Note: Settlement and entry of orders is dealt with in rule 124 of the Bankruptcy Rules.