Wilson, in the matter of Wilson v Official Trustee in Bankruptcy (No 2) [2000] FCA 1040

FEDERAL COURT OF AUSTRALIA

Wilson, in the matter of Wilson v Official Trustee in Bankruptcy (No 2) [2000] FCA 1040 BANKRUPTCY – application under s 99 of the Bankruptcy Act 1966 (Cth) for an order that a proof of debt be expunged – where admission by applicants that admitted sum in fact owed – whether allegation that affidavit of debt and proof of debt knowingly false relevant – whether proof of debt withdrawn – whether petitioners had acknowledged no claim on estates pursuant to an enforceable agreement with bankrupts

Bankruptcy Act 1966 (Cth) ss 99, 263B IN THE MATTER OF THE BANKRUPT ESTATES OF ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS ERNEST ARTHUR WILSON & ANOR v OFFICIAL TRUSTEE IN BANKRUPTCY & ANOR N 8402 OF 1999 EMMETT J 18 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8402 OF 1999

IN THE MATTER OF THE BANKRUPT ESTATES OF ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS

BETWEEN: ERNEST ARTHUR WILSON (DECEASED)

FIRST APPLICANT

PATRICIA LORRAINE WILLIAMS

SECOND APPLICANT

AND: OFFICIAL TRUSTEE IN BANKRUPTCY

RESPONDENT

DONALD WIGGINS AND KEVIN ROBINSON

ESTATES OF AUSTIN AND RENE WIGGINS

SECOND RESPONDENTS JUDGE: EMMETT J

DATE OF ORDER: 18 JULY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the costs of the first respondent on the basis of the first respondent submitting to such orders as the court sees fit to make other than orders as to costs. 3. The applicants pay the costs of the second respondents. 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 8402 OF 1999