Official Trustee in Bankruptcy v Billedo, in the matter of Junboy Billedo (Bankrupt) [2003] FCA 322

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy v Billedo, in the matter of Junboy Billedo (Bankrupt) [2003] FCA 322 IN THE MATTER OF JUNBOY BILLEDO OFFICIAL TRUSTEE IN BANKRUPTCY v JUNBOY BILLEDO & ORS N 7093 of 2003 ALLSOP J 8 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7093 of 2003

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPLICANT

AND: JUNBOY BILLEDO (Rodolfo Billedo Jnr)

FIRST RESPONDENT

RODOLFO MOYER BILLEDO (Rudy Billedo)

SECOND RESPONDENT

PERLITA GACAD BILLEDO

THIRD RESPONDENT

RUFINO BILLEDO

FOURTH RESPONDENT JUDGE: ALLSOP J

DATE OF ORDER: 8 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: On the conditions set out in paragraphs 4 and 5 below: 1. Pursuant to section 146 of the Bankruptcy Act 1966 (Cth), the distribution of dividends amongst the creditors of the bankrupt estate of Rodolfo Moyer Billedo, who and which have proved their debts, proceed in accordance with Division 5 of Part VI of the Bankruptcy Act 1966 (Cth), as if the bankrupt Rodolfo Moyer Billedo had filed a statement of his affairs, and those creditors had been stated to be creditors in it, and that the trustee, the Official Trustee in Bankruptcy, so act. 2. Pursuant to section 146 of the Bankruptcy Act 1966 (Cth), the distribution of dividends amongst the creditors of the bankrupt estate of Perlita Gacad Billedo, who and which have proved their debts, proceed in accordance with Divison 5 of Part VI of the Bankruptcy Act 1966 (Cth), as if the bankrupt Perlita Gacad Billedo had filed a statement of her affairs and those creditors had been stated to be creditors in it, and that the trustee, the Official Trustee in Bankruptcy, so act. 3. The costs of the applicant of and incidental to this application be paid out of the separate bankrupt estates of Rodolfo Moyer Billedo and Perlita Gacad Billedo. 4. In relation to the estate of Rodolfo Moyer Billedo, before any distribution of surplus funds from that estate into the joint estate of Junboy Billedo, Perlita Gacad Billedo, Rodolfo Moyer Billedo, Rufino Billedo, Rodolfo Billedo (Jnr) and Rudy Billedo pursuant to section 110(2) of the Bankruptcy Act 1966 (Cth), the applicant is to dispatch notice in writing by prepaid ordinary post to the Deputy Commissioner of Taxation, GE Capital and Nyman Gibson & Co solicitors notifying each that orders have been made by the Federal Court of Australia for distribution of a dividend in the estate of Rodolfo Moyer Billedo and requiring lodgement of proofs of debt in the estate of Rodolfo Moyer Billedo within 35 days after the date of the applicant's letter, and after which time the applicant may proceed with distribution of the dividends in the estate of Rodolfo Moyer Billedo. 5. In relation to the estate of Perlita Gacad Billedo, no distribution of dividends shall be made for a period of 40 days from dispatching by prepaid ordinary post a letter from the applicant to the Commonwealth Bank of Australia, Deputy Commissioner of Taxation and Optus notifying each that orders have been made by the Federal Court of Australia for distribution of a dividend in the estate of Perlita Gacad Billedo within 35 days after the date of the applicant's letter, and after which time the applicant may proceed with the distribution of the dividends in the estate of Perlita Gacad Billedo. 6. The costs of the applicant of and incidental to this Application be paid out of the estate of the Bankrupt. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.