Official Trustee in Bankruptcy v Timms [2001] FCA 37

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy v Timms [2001] FCA 37 OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE PROPERTY OF ROWAN TIMMS v ROWAN TIMMS & LISA TIMMS S 7141 OF 1999 MANSFIELD J 9 FEBRUARY 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 7141 OF 1999

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

AS TRUSTEE OF THE PROPERTY OF

ROWAN TIMMS

APPLICANT

AND: ROWAN TIMMS

FIRST RESPONDENT

LISA TIMMS

SECOND RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 9 FEBRUARY 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The Volvo semi trailer registered number SV 73AV and the car carrying trailer registered number TDC-024 were the property of the first respondent, Rowan Timms, at the time of his bankruptcy on 3 June 1992 and vested in the Official Trustee in Bankruptcy as trustee of the property of Rowan Timms on that date. 2. The applicant, Official Trustee in Bankruptcy as trustee of the property of Rowan Timms, is entitled to the proceeds of the sale of the Volvo semi trailer registered number SV 73AV and the car carrying trailer registered number TDC-024 presently held by the Sheriff of the Supreme Court of South Australia. 3. The costs of the applicant, Official Trustee in Bankruptcy as trustee of the property of Rowan Timms, of this application be taxed and paid by the first respondent, Rowan Timms. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 7141 OF 1999

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

AS TRUSTEE OF THE PROPERTY OF

ROWAN TIMMS

APPLICANT

AND: ROWAN TIMMS