Official Trustee in Bankruptcy, in the matter of the Bankrupt Estate of Curry [2014] FCA 1131

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy, in the matter of the Bankrupt Estate of Curry [2014] FCA 1131 Citation: Official Trustee in Bankruptcy, in the matter of the Bankrupt Estate of Curry [2014] FCA 1131

Parties: OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF THE LATE MICHAEL JAMES CURRY

File number(s): TAD 22 of 2014

Judge(s): KERR J

Date of judgment: 17 October 2014

Catchwords: BANKRUPTCY – administration of bankrupt estate – application to distribute dividends from bankrupt estate – interests of family members of deceased

Legislation: Bankruptcy Act 1966 (Cth) ss 134, 146, 244, 246

Date of hearing: 17 October 2014

Place: Hobart

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Mr C Groves

Solicitor for the Applicant: M+K Dobson Mitchell Allport

IN THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY GENERAL DIVISION TAD 22 of 2014

IN THE MATTER OF THE BANKRUPT ESTATE OF THE LATE MICHAEL JAMES CURRY BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF THE LATE MICHAEL JAMES CURRY

Applicant

JUDGE: KERR J DATE OF ORDER: 17 OCTOBER 2014 WHERE MADE: HOBART

THE COURT ORDERS THAT:

1. The affidavit of service of Stewart John James sworn on 18 September 2014 not be available for inspection without leave of the Court. 2. The affidavit of Daniel Ross Burke presented in draft and received by the Court on the undertaking of counsel that it be affirmed in identical terms and filed no later than 22 October 2014 not be available for inspection without leave of the Court. 3. Pursuant to s 146 of the Bankruptcy Act 1966 (Cth), the distribution of dividends from the bankrupt estate of the late Michael James Curry, to the creditor who has proved her debt, proceed in accordance with Part VI, Division 5 of the Bankruptcy Act 1966 (Cth) as if the bankrupt had filed a statement of his affairs and the creditor had been stated to be a creditor therein. 4. Pursuant to s 134(4) of the Bankruptcy Act 1966 (Cth), the Official Trustee in Bankruptcy may distribute dividends in accordance with paragraph 3 of these orders. 5. The costs of this application be paid out of the bankrupt estate of the late Michael James Curry. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY GENERAL DIVISION TAD 22 of 2014