Re King, Christopher Martin v Ex parte RZO Pty Ltd [1996] FCA 771

Federal Court of Australia

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CATCHWORDS BANKRUPTCY - rejection of proof of debt by Official Trustee - executor and beneficiary carrying on business of deceased - applicant paid debts of business and carried on business in exchange for right to acquire assets of business - monies paid by applicant to be credited to purchase of assets - whether a debt - whether debt of the estate - whether executor carrying on business for the purpose of realisation Bankruptcy Act 1966 (Cth): s 104(1) Vacuum Oil Company Pty Ltd v Wiltshire (1945) 72 CLR 319 re: Christopher Martin King; Ex parte RZO Pty Ltd (No. TB 656 of 1994) Judge: Heerey J Date: 30 August 1996 Place: Melbourne (heard in Hobart)

IN THE FEDERAL COURT OF AUSTRALIA) ) EXERCISING FEDERAL JURISDICTION ) No. TB 656 of 1994 ) BANKRUPTCY ) ) BANKRUPTCY DISTRICT OF TASMANIA ) RE: CHRISTOPHER MARTIN KING (deceased) a bankrupt EX PARTE:RZO PTY LTD Applicant - and - THE OFFICIAL TRUSTEE Respondent JUDGE: Heerey J DATE: 30 August 1996 PLACE: Melbourne (heard in Hobart) MINUTES OF ORDER The Court orders that: 1. The decision of the Official Trustee made on 10 May 1996 to reject in full the applicant's claim against the estate for the sum of $113,444 be reversed. 2. The Official Trustee admit the applicant's amended proof in the sum of $128,163.58. 3. The Official Trustee pay the applicant's costs including reserved costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA ) ) EXERCISING FEDERAL JURISDICTION ) No. TB 656 of 1994 ) BANKRUPTCY ) ) BANKRUPTCY DISTRICT OF TASMANIA ) RE: CHRISTOPHER MARTIN KING (deceased) a bankrupt EX PARTE:RZO PTY LTD Applicant - and - THE OFFICIAL TRUSTEE Respondent JUDGE: Heerey J DATE: 30 August 1996 PLACE: Melbourne (heard in Hobart) REASONS FOR JUDGMENT This appeal from the Official Trustee's rejection of proof of debt arises in the matter of the bankrupt estate of Christopher Martin King who died on 16 September 1991. An order for administration under Part XI of the Bankruptcy Act 1966 (Cth) (the Act) was made on 13 December 1994. Prior to his death C M King carried on as a sole proprietor the business of hiring out items such as sound, lighting and audio-visual equipment, power distribution display panels and marquees. The business was conducted under the names "Rentalite Zeta Organisation", "Rentalite Electric", "Rentalite Studios" and "Lansdowne Systems" from premises he owned at 117 Lansdowne Crescent, West Hobart. He also rented some premises at Salamanca Place which were used for storage.

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IN THE FEDERAL COURT OF AUSTRALIA ) ) EXERCISING FEDERAL JURISDICTION ) No. TB 656 of 1994 ) BANKRUPTCY ) ) BANKRUPTCY DISTRICT OF TASMANIA ) RE: CHRISTOPHER MARTIN KING (deceased) a bankrupt EX PARTE:RZO PTY LTD Applicant - and - THE OFFICIAL TRUSTEE Respondent JUDGE: Heerey J DATE: 30 August 1996 PLACE: Melbourne (heard in Hobart) REASONS FOR JUDGMENT This appeal from the Official Trustee's rejection of proof of debt arises in the matter of the bankrupt estate of Christopher Martin King who died on 16 September 1991. An order for administration under Part XI of the Bankruptcy Act 1966 (Cth) (the Act) was made on 13 December 1994. Prior to his death C M King carried on as a sole proprietor the business of hiring out items such as sound, lighting and audio-visual equipment, power distribution display panels and marquees. The business was conducted under the names "Rentalite Zeta Organisation", "Rentalite Electric", "Rentalite Studios" and "Lansdowne Systems" from premises he owned at 117 Lansdowne Crescent, West Hobart. He also rented some premises at Salamanca Place which were used for storage.

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