In the Matter of the Bankrupt Estate of Douglas Edward Reid; Clark, Graham John (Trustee of the Bankrupt Estate of Douglas Edward Reid) v Reid, Carina Eveline [1998] FCA 943

FEDERAL COURT OF AUSTRALIA BANKRUPTCY – property divisible amongst creditors – wife surety for bankrupt – joint bank account of bankrupt and wife – money withdrawn from account to provide bail – whether all or half the amount property of the bankrupt – whether settlement by bankrupt Bail Act 1977 (Vic) s 5(1)(c) Bankruptcy Act 1966 (Cth) s 120 In re Bishop [1965] Ch 450 applied Croton v The Queen (1967) 117 CLR 326 mentioned Gage v King [1961] 1 QB 188 applied Re B [1981] 2 NSWLR 373 mentioned

IN THE MATTER OF THE BANKRUPT ESTATE OF DOUGLAS EDWARD REID GRAHAM JOHN CLARK (TRUSTEE OF THE BANKRUPT ESTATE OF DOUGLAS EDWARD REID) v CARINA EVELINE REID JUDGE: HEEREY J DATE: 6 AUGUST 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7701 of 1997

BETWEEN IN THE MATTER OF THE BANKRUPT ESTATE OF DOUGLAS EDWARD REID

and graham john clark (trustee of the bankrupt estate of douglas edward reid)

Applicant

CARINA EVELINE REID

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 6 AUGUST 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed with costs, including reserved costs. 2. The sum of $25,000 held in the Federal Court of Australia's Litigants' Fund, together with any interest accrued thereon, be paid to the respondent's solicitors for the respondent. 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 VG 7701 of 1997

between IN THE MATTER OF THE BANKRUPT ESTATE OF DOUGLAS EDWARD REID

AND graham john clark (trustee of the bankrupt estate of douglas edward reid)

Applicant

carina eveline reid

Respondent

JUDGE: HEEREY J