Daniel v Daniel, in the matter of Daniel [2004] FCA 648

FEDERAL COURT OF AUSTRALIA

Daniel v Daniel, in the matter of Daniel [2004] FCA 648 TINA DANIEL v TONY DANIEL & JONES (TRUSTEE IN BANKRUPTCY) IN THE MATTER OF TINA DANIEL N274 OF 2004 EMMETT J 18 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N274 OF 2004

BETWEEN: TINA DANIEL

APPLICANT

AND: TONY DANIEL & MICHAEL GREGORY JONES (TRUSTEE IN BANKRUPTCY) IN THE MATTER OF TINA DANIEL

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 16 APRIL 2004

WHERE MADE: SYDNEY

THE COURT: 1. DECLARES that as at 18 March 2004 the Trustee in Bankruptcy holds on trust for the applicant an undivided one-half share in each of the following properties ('the Properties'): (a) the property known as and situated at 3 Hunterford Crescent, Hunterford Estate, Oatlands in the State of New South Wales being the land in folio identifier 41/270218; and (b) the property known as and situated at 24 Tennyson Street, Wetherill Park in the State of New South Wales being the land in folio identifier 72/258502. 2. NOTES that the Trustee in Bankruptcy has executed and delivered transfers to the applicant in a form registrable under the Real Property Act 1900 of the right, title and interest of the second respondent in the Properties. 3. ORDERS that the applicant's agreed or assessed costs of this proceeding be paid out of the Bankrupt Estate of Tony Daniel, but that those costs be off-set against the costs of the Trustee in Bankruptcy of and incidental to appearing in the Family Court proceeding no. PAF2932 of 2003 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 N274 OF 2004

BETWEEN: TINA DANIEL