Gonzalez, Feliciano v Marmentini, Maria De Luz, Executrix of the Estate of the late Ida Garcia Raber [1998] FCA 911

FEDERAL COURT OF AUSTRALIA

BANKRUPTCY – creditor's petition under s 244 of the Bankruptcy Act 1966 for the administration of a deceased person's estate – motion for dismissal of petition for incompetence for want of leave under s 244(13) – meaning of the expression "proceedings for the administration of a deceased person's estate". COSTS – security for costs in bankruptcy proceedings – where assets of estate expended in proceedings for grant of probate.

Bankruptcy Act 1966 (Cth), ss 244(9), 244(10), 244(13) Federal Court of Australia Act 1976 (Cth) s 56

FELICIANO GONZALEZ v MARIA DE LUZ MARMENTINI, EXECUTRIX OF THE ESTATE OF THE LATE IDA GARCIA RABER NG 7369 of 1998 EMMETT J

SYDNEY

7 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7369 of 1998

BETWEEN: FELICIANO GONZALEZ

Applicant

AND: MARIO DE LA LUZ MARMENTINI, EXECUTRIX OF THE ESTATE OF THE LATE IDA GARCIA RABER

Respondent

JUDGE: EMMETT J

DATE: 7 July 1998

PLACE: SYDNEY

the court orders that:

1. The notice of motion of 3 July 1998 be stood over to 30 July 1998 at 9.30am. 2. The petition be stood over for directions on 30 July 1998. 3. The Petitioner file and serve no later than 23 July 1998 an affidavit relating to any judgment give by Marks J in the Industrial Commission on 24 February 1995. 4. The respondent file and serve no later than 23 July 1998 an affidavit as to the circumstances in which it is asserted that the evidence of the Deceased before Marks J was not completed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7369 of 1998

BETWEEN: FELICIANO GONZALEZ

Applicant

AND: MARIO DE LA LUZ MARMENTINI, EXECUTRIX OF THE ESTATE OF THE LATE IDA GARCIA RABER