Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Holden (Trustee), in the matter of Greaves (Bankrupt) v Greaves [2011] FCA 1405 Citation: Holden (Trustee), in the matter of Greaves (Bankrupt) v Greaves [2011] FCA 1405
Parties: TIMOTHY MARK SHUTTLEWORTH HOLDEN (AS THE TRUSTEE OF THE BANKRUPT ESTATE OF NORMAN ALEXANDER GREAVES) v NORMAN ALEXANDER GREAVES, RODNEY GREAVES and RICKY GREAVES
File number: VID 1200 of 2011
Judge: DODDS-STREETON J
Date of judgment: 8 December 2011
Catchwords: BANKRUPTCY AND INSOLVENCY – Sole significant asset of bankrupt's estate a residential property – Bankrupt failed to vacate property despite direction by trustee – Granting of order for vacant possession – Orders stayed to afford respondents further opportunity to be heard
Legislation: Bankruptcy Act 1966 (Cth), ss 30(1), 58, 77, 116
Date of hearing: 2 December 2011
Date of last submissions: 2 December 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Solicitor for the Applicant: Mr M Lhuede of Piper Alderman
Counsel for the Respondents: The Respondents did not appear
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1200 of 2011
BETWEEN: TIMOTHY MARK SHUTTLEWORTH HOLDEN (AS THE TRUSTEE OF THE BANKRUPT ESTATE OF NORMAN ALEXANDER GREAVES)
Applicant
AND: NORMAN ALEXANDER GREAVES
First Respondent
RODNEY GREAVES
Second Respondent
RICKY GREAVES
Third Respondent
JUDGE: DODDS-STREETON J DATE OF ORDER: 8 DECEMBER 2011 WHERE MADE: MELBOURNE
THE COURT DECLARES THAT: 1. The First Respondent was, at the date of his bankruptcy, the sole, registered, and beneficial owner of the property situated at 6 Clarence Street, Loch more particularly described in Certificate of Title Volume 6945 Folio 976 (the Property), which rights vested in the Applicant upon the bankruptcy of the Respondent. AND THE COURT ORDERS THAT: 2. The Respondents give vacant possession of the Property to the Applicant on 28 February 2012. 3. The Applicant's costs of the Application are proper costs of the bankruptcy. 4. This order and declaration shall be stayed and will not take effect until 17 February 2012. 5. The Applicant shall serve a sealed copy of these orders upon each of the Respondents by forwarding such sealed copy by ordinary pre-paid post to each of the Respondents at 6 Clarence Street, Loch, Victoria, 3945 and posted on 2 December 2012. 6. The Applicant and the Respondents have liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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