Wily v Jacobs [2013] FCA 415

FEDERAL COURT OF AUSTRALIA

Wily v Jacobs [2013] FCA 415 Citation: Wily v Jacobs [2013] FCA 415

Parties: ANDREW HUGH JENNER WILY v KEVIN ROY JACOBS

File number: NSD 207 of 2013

Judge: JACOBSON J

Date of judgment: 24 April 2013

Catchwords: BANKRUPTCY – application for declaratory relief by trustee in bankruptcy – whether certain property of the bankrupt is properly divisible amongst creditors under Bankruptcy Act 1966 (Cth)

Legislation: Bankruptcy Act 1966 (Cth), ss 58, 116 Local Government Act 1993 (NSW), s 124

Date of hearing: 24 April 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 13

Solicitor for the Applicant: Mr Williams of McCormick Williams

Solicitor for the Respondent: The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 207 of 2013

BETWEEN: ANDREW HUGH JENNER WILY

Applicant

AND: KEVIN ROY JACOBS

Respondent

JUDGE: JACOBSON J DATE OF ORDER: 24 APRIL 2013 WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. The items of household and personal property and other extraneous items (collectively 'Extraneous Items') of the bankrupt situated at 9/17 Lorraine Street, Peakhurst be declared property of the bankrupt divisible amongst creditors pursuant to ss 5, 58, 116(1), 30(1) and 134(4) of the Bankruptcy Act 1966 (Cth) (the Act). 2. The Extraneous Items of the bankrupt situated at 75 Clarke Street, Peakhurst are property of the bankrupt divisible amongst creditors pursuant to ss 5, 58, 116(1), 30(1) and 134(4) of the Act. THE COURT ORDERS THAT: 3. The Trustee may immediately remove by whatever means the Extraneous Items of the bankrupt situated at 9/17 Lorraine Street, Peakhurst and sell or otherwise dispose of same in whatever manner the Trustee deems fit for the benefit of the creditors of the bankrupt. 4. The Trustee may immediately remove by whatever means the Extraneous Items of the bankrupt situated at 75 Clarke Street, Peakhurst and sell or otherwise dispose of same in whatever manner the Trustee deems fit for the benefit of the creditors of the bankrupt. 5. Any and all costs incurred by the Trustee in respect of the removal and sale or disposal of the Extraneous Items referred to at the properties identified in Orders 3 and 4 above are normal disbursements incurred by the Trustee in the course of him undertaking his duties as the Trustee of the bankrupt. 6. The costs of the application are costs in the bankruptcy. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.