Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the matter of Kenneth Stanley Kitt, Marjorie Ann Kitt & Brendan Kenneth Kitt; Official Trustee in Bankruptcy as Trustee of the Bankrupt Estates of Kenneth Stanley Kitt, Majorie Ann Kitt & Brendan Kenneth Kitt [2005] FCA 1564 BANKRUPTCY – proof of debt – joint and separate estates – judgment debt against partnership – joint or several liability – debtors jointly liable
Bankruptcy Act 1966 ss 110, 134(4) Partnership Act 1891 (SA) s 9
Lindley & Banks on Partnership, 13-02 (18th ed, 2002)
Kendall v Hamilton (1879) 4 App Cas 504 cited Corney v Brien (1951) 84 CLR 343 cited Commonwealth v Precision Pools Pty Ltd (1994) 53 FCR 183 cited Militz v Bowering-Wood [1954] SASR 175 cited OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATES OF KENNETH STANLEY KITT, MARJORIE ANN KITT & BRENDAN KENNETH KITT No SAD 126 of 2005 FINN J ADELAIDE 4 NOVEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 126 OF 2005
IN THE MATTER OF KENNETH STANLEY KITT, MARJORIE ANN KITT & BRENDAN KENNETH KITT
OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATES OF KENNETH STANLEY KITT, MARJORIE ANN KITT & BRENDAN KENNETH KITT
APPLICANT
JUDGE: FINN J
DATE OF ORDER: 4 NOVEMBER 2005
WHERE MADE: ADELAIDE
THE COURT DIRECTS THAT: 1. The proof of debt of Barry Pickett Pty Ltd is initially to be lodged in the triple estate of Kenneth Stanley Kitt, Marjorie Ann Kitt and Brendan Kenneth Kitt.
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