Passmore v Underdown (Deceased) [2010] FCA 70

FEDERAL COURT OF AUSTRALIA

Passmore v Underdown (Deceased) [2010] FCA 70 Citation: Passmore v Underdown (Deceased) [2010] FCA 70

Parties: VINCENSA PASSMORE v SAMANTHA UNDERDOWN (DECEASED)

File number: WAD 214 of 2009

Judge: SIOPIS J

Date of judgment: 13 January 2010

Catchwords: BANKRUPTCY – application for administration of a deceased estate pending in the Supreme Court of Western Australia – whether leave should be given to present a creditor's petition for administration of a deceased estate under s 244(13) of the Bankruptcy Act 1966 (Cth).

Legislation: Bankruptcy Act 1966 (Cth) ss 244 (1), 244(6), 244(13)

Cases cited: Feliciano Gonzales v Maria De Luz Marmentini, Executrix of the Estate of the Late Ida Garcia Raber [1998] FCA 911

Date of hearing: 13 January 2010

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 25

Counsel for the Applicant: Ms K Levy

Solicitor for the Applicant: Kott Gunning

Counsel for the Respondent: No appearance for the respondent.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION WAD 214 of 2009

BETWEEN: VINCENSA PASSMORE

Applicant

AND: SAMANTHA UNDERDOWN (DECEASED)

Respondent

JUDGE: SIOPIS J

DATE OF ORDER: 13 JANUARY 2010

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The applicant be granted leave from the Court to present a Form 14 Creditor's Petition for Administration of the Deceased Person's Estate (Petition) to the Court under s 244(1)(a) of the Bankruptcy Act 1966 (Cth) (the Act), on such terms as the Court thinks fit, pursuant to s 244(13) of the Act. 2. A sealed copy of the Petition shall be served, pursuant to s 244(9) of the Act on Mr Arturo Fazio. 3. There be liberty to apply. 4. The costs of today be reserved. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.