Komesaroff, Morris v Law Institute of Victoria [1997] FCA 893

FEDERAL COURT OF AUSTRALIA

BANKRUPTCY - debt owed to Law Institute of Victoria - after petition filed Victorian statute abolishes law Institute and substitutes new corporate entity - application for a substitute new entity as petitioning creditor - application granted

Bankruptcy Act 1966 (Cth) ss 47(7), 52(5)

Legal Practice Act 1966 (Vic) ss 13(1)(c), 13(1)(e) Pt 3 Sch 2

Elyard Corporation v DDB Needham Sydney Pty Ltd (1995) 133 ALR 206

McIntosh v Shashoua (1931) 46 CLR 494

Growden v Wiltshire (1935) 52 CLR 286

McNamara v Langford (1935) 45 CLR 267

Hyams v Elder Smith Goldsbrough Mort Limited (1976) 133 CLR 637

MORRIS KOMESAROFF v LAW INSTITUTE OF VICTORIA

NO VP 634 of 1996

JUDGE: HEEREY J PLACE: MELBOURNE DATE: 25 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VP 634 of 1996 ) GENERAL DIVISION )

BETWEEN: MORRIS KOMESAROFF

Debtor

AND: LAW INSTITUTE OF VICTORIA

Petitioning Creditor

JUDGE: HEEREY J PLACE: MELBOURNE DATE: 25 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The creditor's petition be amended by substituting Victorian Lawyers RPA Ltd as petitioning creditor. 2. A sequestration order be made against the estate of the debtor. 3. Subject to the order for costs made on 18 August 1997 in favour of the debtor, the applicant creditor's costs, including reserved costs, be taxed and paid from the estate of the respondent debtor in accordance with the Bancruptcy Act 1966. The Court notes that the date of the act of bankruptcy is 8 May 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VP 634 of 1996 ) GENERAL DIVISION )