Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Meinhardt (Hong Kong) Ltd v William Lindsay Meinhardt (Deceased) & Ors (No 2) [2006] FCA 1323
BANKRUPTCY – deceased estate – whether debt in liquidated sum due and payable – sum advanced by company to director without terms – insolvency of estate – whether estate should be administered in bankruptcy. Bankruptcy Act 1966 (Cth): s 244(13), s 252A Administration and Probate Act 1958 (Vic): s 15 Guardianship and Administration Act 1986 (Vic): Pt 5 Rules of the Supreme Court of Victoria:Pt 54 Ogilvie v Adams [1981] VR 1041 Cain v Whyte (1933) 48 CLR 639, 645-646 Rozenbes v Kronhill (1956) 95 CLR 407, 414 & 419 Ling v Enrobook (1997) 74 FCR 19, 24-25 Re Morris (1980) 48 FLR 341 Re Burlock (1994) 49 FCR 522, 531 Hancock Prospecting Pty Ltd v Estate of Hancock (1999) 17 ACLC 681, 693
MEINHARDT (HONG KONG) LTD v WILLIAM LINDSAY MEINHARDT (DECEASED), WILLIAM EDWARD MEINHARDT AND VICTORIA BARBARA TREYVAUD VID838 OF 2006
JESSUP J
10 OCTOBER 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID838 OF 2006
BETWEEN: MEINHARDT (HONG KONG) LTD
Applicant
AND: WILLIAM LINDSAY MEINHARDT (DECEASED)
First Respondent
WILLIAM EDWARD MEINHARDT
Second Respondent
VICTORIA BARBARA TREYVAUD
Third Respondent
JUDGE: JESSUP J
DATE OF ORDER: 10 OCTOBER 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The estate of William Lindsay Meinhardt (deceased) be administered under Part XI of the Bankruptcy Act 1966. 2. Each party have leave to file, at or before 4.00pm on 18 October 2006, a memorandum of its, his or her submission as to the costs of this proceeding.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID838 OF 2006
BETWEEN: MEINHARDT (HONG KONG) LTD
Applicant
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