Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Woodgate, in the Matter of Eaton (a Bankrupt) [2010] FCA 550 Citation: Woodgate, in the Matter of Eaton (a Bankrupt) [2010] FCA 550
Parties: GILES GEOFFREY WOODGATE IN HIS CAPACITY AS TRUSTEE IN BANKRUPTCY OF THE BANKRUPT ESTATE OF STUART ALEXANDER EATON
File number: NSD 511 of 2010
Judge: NICHOLAS J
Date of judgment: 26 May 2010
Catchwords: BANKRUPTCY – application by trustee for order under s 109(10) of the Bankruptcy Act 1966 (Cth) that the indemnifying creditor be paid in priority over the admitted debts of all other unsecured creditors – factors relevant to the decision whether to grant order HELD: application granted - in the circumstances of this case it was appropriate to grant the order sought
Legislation: Bankruptcy Act 1966 (Cth) ss 109, 120
Cases cited: Household Financial Services Pty Ltd v Medical Centre Pty Ltd (1995) 18 ACSR 294 cited Re Ken Godfrey Pty Ltd (1994) 14 ACSR 610 cited Re Glensia Investments Pty Ltd (In Liquidation) (1995) 19 ACSR 84 cited Official Trustee in Bankruptcy as Trustee of The Estate of Rodolfo Servio Pastro v Pastro [2004] FCA 713 cited Re the Estate of Lawrence Connell (Deceased) [2001] FCA 51 cited
Date of hearing: 26 May 2010
Date of last submissions: 26 May 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: M A Jones
Solicitor for the Applicant: TurksLegal
IN THE FEDERAL COURT OF AUSTRALIA
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