Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nishtom Pty Ltd v Robinson (Trustee); in the matter of Kinsella (Bankrupt) [2007] FCA 978
BANKRUPTCY – application for review of rejection of proof of debt – claim for rent for vendor's possession after completion – whether claim runs to date of bankruptcy following fire destroying improvements – lease or license Radaich v Smith (1959) 101 CLR 209 applied Street v Mountford [1985] AC 809 applied NISHTOM PTY LIMITED, MAXWELL ERNEST ALDRICH AND PAMELA JOY ALDRICH v MARK JULIAN ROBINSON (AS TRUSTEE OF THE ESTATE OF JEFFREY JOHN KINSELLA, A BANKRUPT) NSD 247 OF 2007
EDMONDS J
2 JULY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 247 OF 2007
BETWEEN: NISHTOM PTY LIMITED, MAXWELL ERNEST ALDRICH AND PAMELA JOY ALDRICH
Applicants
AND: MARK JULIAN ROBINSON (as trustee of the estate of Jeffrey John Kinsella, a bankrupt)
Respondent
JUDGE: EDMONDS J DATE OF ORDER: 25 JUNE 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Notice of Rejection of Proof of Debt in the bankrupt estate of Jeffrey John Kinsella (NSW 4957/6/6) dated 29 January 2007 be set aside. 2. The applicants' Proof of Debt dated 30 November 2006 be accepted in the sum of $119,646.44. 3. The applicants' costs and the trustee's costs be paid out of the bankrupt's estate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 247 OF 2007
BETWEEN: NISHTOM PTY LIMITED, MAXWELL ERNEST ALDRICH AND PAMELA JOY ALDRICH
Applicants
AND: MARK JULIAN ROBINSON (as trustee of the estate of Jeffrey John Kinsella, a bankrupt)
Respondent
JUDGE: EDMONDS J
DATE: 2 JULY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 25 June 2007 I made the following orders on the application of the applicants: (1) That the Notice of Rejection of Proof of Debt in the bankrupt estate of Jeffrey John Kinsella (NSW 4957/6/6) dated 29 January 2007 be set aside. (2) That the applicants' Proof of Debt dated 30 November 2006 be accepted in the sum of $119,646.44. 2 At the request of the respondent, the trustee of the bankrupt estate of Jeffrey John Kinsella ('the bankrupt'), I now publish my reasons.
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