Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott (Trustee), in the matter of Heinrich (Bankrupt) [2005] FCA 1826 Bankruptcy Act 1966 (Cth) Div 2 Pt VII, Div 5 Pt VI , s 58(3), s 82(1), s 82(3B), s 146 Crimes Act 1914 (Cth) Commonwealth Bank of Australia v Heinrich [2000] FCA 1255 ALAN GEOFFREY SCOTT AS TRUSTEE OF THE BANKRUPT ESTATE OF STEPHEN GLENN HEINRICH No SAD 264 of 2005 FINN J ADELAIDE 14 DECEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 264 OF 2005
IN THE MATTER OF: STEPHEN GLENN HEINRICH A BANKRUPT
ALAN GEOFFREY SCOTT AS TRUSTEE OF THE BANKRUPT ESTATE OF STEPHEN GLENN HEINRICH
APPLICANT
JUDGE: FINN J
DATE OF ORDER: 14 DECEMBER 2005
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The trustee in bankruptcy distribute a dividend of $464,718.79 to the Commonwealth Bank of Australia in accordance with Div 2 of Pt VII of the Bankruptcy Act 1966 (Cth) as if the bankrupt had filed a statement of affairs and the Commonwealth Bank of Australia had been stated to be a creditor in it. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 264 OF 2005
IN THE MATTER OF: STEPHEN GLENN HEINRICH A BANKRUPT
ALAN GEOFFREY SCOTT AS TRUSTEE OF THE BANKRUPT ESTATE OF STEPHEN GLENN HEINRICH
APPLICANT
JUDGE: FINN J
DATE: 14 DECEMBER 2005
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 This application is brought by a trustee in bankruptcy, Alan Geoffrey Scott ("the Trustee") to distribute the dividends of the estate amongst the creditors. The application seeks an order that he be entitled, in accordance with Div 5, Pt VI of the Bankruptcy Act 1966 (Cth), to proceed with a distribution of a dividend to the Commonwealth Bank of Australia ("CBA") as if the bankrupt had filed a statement of affairs and CBA had been stated to be the only creditor: s 146. 2 The current position of the Estate as well as the proposed distribution of the dividend has been outlined in an affidavit by the Trustee. This also provides a concise history of the dealings of the Trustee, the Bankrupt and CBA since the sequestration order was made.
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