Zink v Official Receiver [2002] FCA 523

FEDERAL COURT OF AUSTRALIA

Zink v Official Receiver [2002] FCA 523 GARRY HERBERT ZINK v OFFICIAL RECEIVER

N 7974 OF 2000 EMMETT J 19 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7974 OF 2000

BETWEEN: GARRY HERBERT ZINK & TONI ZINK

APPLICANTS

AND: OFFICIAL RECEIVER

FIRST RESPONDENT

THE OFFICIAL TRUSTEE IN BANKRUPTCY

SECOND RESPONDENT

THE OFFICIAL TRUSTEE IN BANKRUPTCY

CROSS APPLICANT

GARRY HERBERT ZINK & TONI ZINK

CROSS RESPONDENTS

JUDGE: EMMETT J

DATE OF ORDER: 19 APRIL 2002

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. the Notice issued under Section 139ZQ of the Bankruptcy Act 1996 (Cth) dated 26 October 2000 by George Lionel Caddy, the Official Receiver for the Bankruptcy District of the State of New South Wales is valid; 2. the payment of $101,974.18 by Laurence Richard Cox and Elizabeth Ostler Hynd Cox to the Applicants on or about 9 June 1995 is void against the Official Trustee in Bankruptcy; and 3. the property at 21 Kerry Avenue, Elemore Vale, being the land comprised in folio identifier 11/237253, is from the date hereof charged with the payment to the Official Trustee in Bankruptcy of $101,974.18 plus interest in the sum of $15,430.22.

THE COURT ORDERS THAT: 1. the application be dismissed; 2. judgment for the Official Trustee in Bankruptcy be entered against the Applicants in the sum of $117,404.40 (being $101,974.18 plus interest on that sum pursuant to Section 51A of the Federal Court Act from 7 November 2000 (the date of service of the said Notice) to 17 April 2002 (526 days) at 10.5 percent per annum); 3. the Applicants pay the costs of the Respondent and Cross Applicant, including any reserved costs, other than the costs of, and incidental to, the hearings before Justice Katz on 25 June 2001 and 9 July 2001; and 4. the Registrar issue a certificate pursuant to s 10(2) of the Federal Proceedings (Costs) Act to each of the parties in respect of the costs of, and incidental to, the hearings before Justice Katz on 25 June 2001 and 9 July 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.