Federal Court of Australia
CATCHWORDS LEASES - surrender of leases - surrender by express agreement - agreement lacked any commercial efficacy - surrender by operation of law - not liable for rent after lease surrendered BANKRUPTCY - proof of debt reduced Bankruptcy Act 1966 s 99 Wood Factory Pty Ltd v Kiritos Pty Ltd [1985] 2 NSWLR 105 Prints for Pleasure Ltd v Oswald-Sealy (Overseas) Ltd [1968] 3 NSWR 761 FREDERICK BRIAN WINTER & ANOR OFFICIAL TRUSTEE IN BANKRUPTCY -v- MARK JOSEPH AHERN & ORS No. QB 232 of 1992 EINFELD J SYDNEY (heard in Brisbane) 28 FEBRUARY 1997
IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE STATE ) No. QB 232 of 1992 OF QUEENSLAND ) Re:FREDERICK BRIAN WINTER and PAULINE MONICA WINTER Bankrupts Ex parte:FREDERICK BRIAN WINTER and PAULINE MONICA WINTER Applicants And:MARK JOSEPH AHERN, DEBRA ANNE AHERN, ALBERT ERNEST STOCKWELL, ALMA GEORGINA STOCKWELL First Respondents And:OFFICIAL TRUSTEE IN BANKRUPTCY Second Respondent MINUTE OF ORDERS 1.The proof of debt of the first respondents is reduced to $10,642.73. 2.Any costs sought are to be addressed by submissions in writing within 21 days. NOTE:Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY 28 FEBRUARY 1997
IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE STATE ) No. QB 232 of 1992 OF QUEENSLAND ) Re:FREDERICK BRIAN WINTER and PAULINE MONICA WINTER Bankrupts Ex parte:FREDERICK BRIAN WINTER and PAULINE MONICA WINTER Applicants And:MARK JOSEPH AHERN, DEBRA ANNE AHERN, ALBERT ERNEST STOCKWELL, ALMA GEORGINA STOCKWELL First Respondents And:OFFICIAL TRUSTEE IN BANKRUPTCY Second Respondent REASONS FOR JUDGMENT EINFELD J SYDNEY 28 FEBRUARY 1997 (heard in Brisbane) Introduction By an application dated 20 February 1996 the applicants pursuant to section 99 of the Bankruptcy Act 1966 seek to have the amount of the first respondents' proof of debt admitted by the second respondent in the sum of $40,131 expunged, or in the alternative reduced to the sum of $9,884.86. The second respondent (the trustee) took no stand on the matter except to resist any application for costs.
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