Wilson v Official Trustee in Bankruptcy [2000] FCA 282

FEDERAL COURT OF AUSTRALIA

Wilson v Official Trustee in Bankruptcy [2000] FCA 282 BANKRUPTCY – application under s 99 of the Bankruptcy Act 1966 (Cth) ('the Act') for an order that a proof of debt be expunged – where purported assignment of the debt in question – where no notice of assignment given to debtor – whether effective assignment of chose in action in equity – whether assignee of an equitable interest a creditor for the purpose of s 82 of the Act – whether relevant that two certificates of judgment admitted

Bankruptcy Act 1966 (Cth), ss 44(1), 82, 99 Conveyancing Act 1919 (NSW), s 12 McIntosh v Shashoua (1931) 46 CLR 494, referred to Re Carpas; Ex parte White (1931) 3 ABC 264, considered ERNEST ARTHUR WILSON (DECEASED) v OFFICIAL TRUSTEE IN BANKRUPTCY & NSW BOOKMAKERS CO-OPERATIVE LTD N 8070 OF 1999 EMMETT J 2 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8070 OF 1999

BETWEEN: ERNEST ARTHUR WILSON (DECEASED)

APPLICANT

AND: OFFICIAL TRUSTEE IN BANKRUPTCY

FIRST RESPONDENT

NSW BOOKMAKERS CO-OPERATIVE LTD

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 2 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay those costs of each respondent incurred on and from 10 January 2000. 3. There be no other order as to the costs of the application. 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 8070 OF 1999

BETWEEN: ERNEST ARTHUR WILSON (DECEASED)

APPLICANT

AND: OFFICIAL TRUSTEE IN BANKRUPTCY

FIRST RESPONDENT

NSW BOOKMAKERS CO-OPERATIVE LTD

SECOND RESPONDENT