Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Orr, in the matter of Tettis (Bankrupt) v Tettis [2013] FCA 785 Citation: Orr, in the matter of Tettis (Bankrupt) v Tettis [2013] FCA 785
Parties: HILLARY ELIZABETH ORR AS TRUSTEE OF THE BANKRUPT ESTATE OF JUSTIN MARK TETTIS v JUSTIN MARK TETTIS
File number: SAD 8 of 2013
Judge: LANDER J
Date of judgment: 28 March 2013
Date of hearing: 28 March 2013
Place: Adelaide
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 21
Counsel for the Applicant: Mr D Crocker
Solicitor for the Applicant: Lynch Meyer Lawyers
Counsel for the Respondent: The Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 8 of 2013
IN THE MATTER OF TETTIS (BANKRUPT) BETWEEN: HILLARY ELIZABETH ORR AS TRUSTEE OF THE BANKRUPT ESTATE OF JUSTIN MARK TETTIS
Applicant
AND: JUSTIN MARK TETTIS
Respondent
JUDGE: LANDER J DATE OF ORDER: 28 MARCH 2013 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The applicant have leave to amend the application filed 11 February 2013 in terms of paragraphs 1 of the interim application filed 27 March 2013. 2. The applicant have the costs of this application paid out of the assets of the JMT Trust.
THE COURT DIRECTS THAT:
3. The applicant would be justified in identifying the assets and liabilities of the JMT Trust and getting in those assets and, after deducting her reasonable costs and expenses including remuneration in accordance with the rates contemplated under the Bankruptcy Act 1966 (Cth) and Regulations associated with carrying out those tasks, and her costs on this application, in subsequently distributing the surplus on a pari passu basis to the creditors of the JMT Trading Trust operation. 4. The applicant would be justified in treating the written lease for Shop 4, 38 Gawler Place, Adelaide, South Australia executed by Karymall Pty Ltd as lessor and Justin Mark Tettis as lessee as having been executed by Justin Mark Tettis as trustee of the JMT Trust. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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