Boothe v Commonwealth of Australia [2002] FCA 1101

FEDERAL COURT OF AUSTRALIA

Boothe v Commonwealth of Australia [2002] FCA 1101 BANKRUPTCY – realisations charge – the whole of the amount of a judgment recovered by the trustee of a deed of assignment is, when paid to his solicitors pursuant to an authority to receive, "received" by that trustee. Bankruptcy (Estate Charges) Act 1997, s 8 IN THE MATTER OF ROBERT GALLUZZO & ANOR STEPHEN ALAN BOOTHE v COMMONWEALTH OF AUSTRALIA N 7442 of 2001 WHITLAM J 6 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7442 of 2001

IN THE MATTER OF ROBERT GALLUZZO AND

LORRAINE KAREN GALLUZZO

BETWEEN: STEPHEN ALAN BOOTHE

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 6 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. The whole of the amount of $325,000 paid in satisfaction of the judgment in action no. 5723 of 2000 in the District Court of New South Wales was received by the applicant as trustee of the deed of assignment executed in relation to Robert Galluzzo and Lorraine Karen Galluzzo. 2. The amounts paid out of the said sum by authority of the applicant to his solicitors and to Insolvency Management Fund Pty Ltd are not permitted deductions within the meaning of s 8(3) of the Bankruptcy (Estate Charges) Act 1997. AND ORDERS THAT: 3. The applicant pay the respondent's costs of the proceeding. 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 7442 of 2001

IN THE MATTER OF ROBERT GALLUZZO AND

LORRAINE KAREN GALLUZZO

BETWEEN: STEPHEN ALAN BOOTHE

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA