Nicholls as Trustee of the Property of Hills v Hills [2004] FCA 1627

FEDERAL COURT OF AUSTRALIA

Nicholls as Trustee of the Property of Hills v Hills [2004] FCA 1627 Bankruptcy Act 1996 (Cth) s 81(12) Administrative Decisions (Judicial Review) Act 1977 (Cth) Nicholls as Trustee of the Property of Hills v Hills [2004] FCA 333 cited ALLAN RICHARD NICHOLLS AS TRUSTEE OF THE PROPERTY OF LANCELOT STANLEY HILLS AND VIEDA ANN HILLS v HARVEY HILLS AND TONY TESORIERO (IN HIS CAPACITY AS A REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA) N 7329 OF 2003 TAMBERLIN J SYDNEY 10 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7329 OF 2003

IN THE MATTER OF LANCELOT STANLEY HILLS

AND VIEDA ANN HILLS, BANKRUPTS

BETWEEN: ALLAN RICHARD NICHOLLS AS TRUSTEE OF THE PROPERTY OF LANCELOT STANLEY HILLS

AND VIEDA ANN HILLS

APPLICANT

AND: HARVEY HILLS

FIRST RESPONDENT

TONY TESORIERO (IN HIS CAPACITY AS A REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA)

SECOND RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 10 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Deputy-Registrar made on 9 December 2003 (the decision being to the effect that pursuant to s 81(12) of the Bankruptcy Act 1966 (Cth) Mr Hills should pay the Trustee the amount of $43,500 together with the amount of $75 per week calculated from 1 February 2003 to the date of payment within 28 days from 9 December) be set aside. 2. Judgment be entered for the Trustee against Mr Hills in an amount of $31,717.33 together with interest from 1 February 2003 to the date of judgment at the rate of 8.97% per annum. 3. The motion filed on 18 December 2003 is otherwise dismissed. 4. The Trustee pay four-fifths of the costs of Mr Hills in relation to the Motion and the written submissions concerning costs as taxed or agreed.