Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Robinson (Trustee), in the matter of Stevanovic; National Australia Bank Limited v Stevanovic (Bankrupt) [2011] FCA 359 Citation: Robinson (Trustee), in the matter of Stevanovic; National Australia Bank Limited v Stevanovic (Bankrupt) [2011] FCA 359
Parties: NATIONAL AUSTRALIA BANK LIMITED v ZIVOTA STEVANOVIC (BANKRUPT)
File number(s): NSD 929 of 2005
Judge: BUCHANAN J
Date of judgment: 13 April 2011
Catchwords: BANKRUPTCY – deceased bankrupt – whether administrator of deceased estate could file a statement of affairs – application seeking a distribution of dividends amongst creditors of bankrupt estate
Legislation: Bankruptcy Act 1966 (Cth), Part IV, Part XI, ss 54, 63, 149
Cases cited: Re Buckle (1969) 15 FLR 460 Sofia v Pattison [1997] FCA 1586
Date of hearing: 8 April 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 13
Counsel for the Trustee: Mr J M White
There was no appearance for either party
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 929 of 2005
IN THE MATTER OF ZIVOTA STEVANOVIC BETWEEN: NATIONAL AUSTRALIA BANK LIMITED
Applicant
AND: ZIVOTA STEVANOVIC (BANKRUPT)
Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 8 April 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Distribution of dividends amongst the creditors who have proved their debts shall proceed in accordance with Division 5, Part VI of the Bankruptcy Act 1966 (Cth), as if the respondent bankrupt had filed a statement of affairs and those creditors had been stated to be creditors in it. 2. Order 1 is stayed until the trustee of the bankrupt estate of Zivota Stevanovic has taken appropriate steps in relation to the proceeds of Newcastle Permanent Building Society Account 901806909. 3. The costs of and incidental to this application be paid out of the bankrupt estate of the respondent. 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.
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