The Society of Lloyd's v Marich [2004] FCA 1502

FEDERAL COURT OF AUSTRALIA

The Society of Lloyd's v Marich [2004] FCA 1502

BANKRUPTCY – s 244 of Bankruptcy Act 1966 – deceased estate – administration of estate upon petition by creditor – based on a judgment registered under the Foreign Judgments Act 1991 (Cth) – proceedings may be taken on registered foreign judgment as if it is a judgment of the relevant Australian court entered on the date of registration. Bankruptcy Act 1966 (Cth) ss 156, 244 Part XI Foreign Judgments Act 1991 (Cth) s 6 Limitation Act 1980 (UK) s 24 Judiciary Act 1903 (Cth) ss 39, 39B, 79, 80 Re a Judgment Debtor [1939] Ch 601 cited Re McGilvray (1986) 66 ALR 181 cited Wagner v Laubscher Bros [1970] 2 QB 313 cited Official Receiver of the State of Israel v Raveh (2001) 24 WAR 53 cited Nygh and Davies Conflict of Laws in Australia (7th Ed) referred to IN THE MATTER OF THE ESTATE OF THE LATE PETER GEORGE MARICH THE SOCIETY OF LLOYD'S v ROBERT GEORGE MARICH AS EXECUTOR OF THE ESTATE OF THE LATE PETER GEORGE MARICH NSD 1307 of 2004 ALLSOP J 22 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1307 of 2004

BETWEEN: THE SOCIETY OF LLOYD'S

APPLICANT

AND: ROBERT GEORGE MARICH AS EXECUTOR OF THE ESTATE OF THE LATE PETER GEORGE MARICH

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 22 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 244 of the Bankruptcy Act 1966 (Cth) the estate of the late Peter George Marich who died on 16 October 2003 be administered under Part XI of the Bankruptcy Act 1966 (Cth). 2. Christopher John Palmer be appointed as trustee of the said estate for administration under Part XI of the Bankruptcy Act 1966 (Cth). 3. The matter stand over to a date to be fixed for any argument as to, and orders concerning, costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.