Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v Trustee in Bankruptcy [1999] FCA 1569 BANKRUPTCY – application for an order under s 252B of the Bankruptcy Act 1966 (Cth) to annul an order made for the administration of the estate of a deceased person – application made on behalf of the deceased's son as executor – consideration of circumstances where a person against whom a creditor's petition has been presented dies after the petition has been served but prior to the making of a sequestration order – whether the deceased was a 'mentally disabled person' within the meaning of O 1 r 4 of the Federal Court Rules so as to be incapable of accepting service of the creditor's petition other than in accordance with O 43 r 13(6) of those Rules. WORDS & PHRASES – 'mentally disabled person' Bankruptcy Act 1966 (Cth) ss 52, 244(13), 245, 252, 252B Federal Court Rules O 1 r 4 & O 43 r 13(6)
MATHEW STEPHEN BROWN v TRUSTEE IN BANKRUPTCY and FAIR TRADING ADMINISTRATION CORPORATION N 7903 OF 1999 MOORE J 11 NOVEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7903 OF 1999
BETWEEN: MATHEW STEPHEN BROWN
Applicant
AND: TRUSTEE IN BANKRUPTCY
First Respondent
FAIR TRADING ADMINISTRATION CORPORATION
Second Respondent
JUDGE: MOORE J
DATE OF ORDER: 11 NOVEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed with costs. 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 N 7903 OF 1999
BETWEEN: MATHEW STEPHEN BROWN
Applicant
AND: TRUSTEE IN BANKRUPTCY
First Respondent
FAIR TRADING ADMINISTRATION CORPORATION
Second Respondent
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