Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Combis, the Trustee of the Property of Landers, a Bankrupt v Harding, Billington and Regan as Executors of the Deceased Estate of Billington [2014] FCA 1391 Citation: Combis, the Trustee of the Property of Landers, a Bankrupt v Harding, Billington and Regan as Executors of the Deceased Estate of Billington [2014] FCA 1391
Appeal from: Harding & Ors v Landers & Anor [2014] FCCA 1335
Parties: NICK COMBIS, THE TRUSTEE OF THE PROPERTY OF STEFAN JAMES LANDERS, A BANKRUPT v NOEL EDWARD HARDING, JILLIAN RUTH BILLINGTON AND NANCY ANNE REGAN AS EXECUTORS OF THE DECEASED ESTATE OF PATRICIA ANNE BILLINGTON and STEFAN JAMES LANDERS
File number(s): WAD 212 of 2014
Judge(s): SIOPIS J
Date of judgment: 18 December 2014
Catchwords: BANKRUPTCY – after the commencement of his bankruptcy a bankrupt became entitled to income under a testamentary trust – whether the income was after-acquired property within the meaning of s 58(1)(b) of the Bankruptcy Act 1966 (Cth).
Legislation: Bankruptcy Act 1966 (Cth) Div 4B, ss 58, 58(1)(b), 116, 116(1)(a), 139L(1)(a)(iv), 139K, 139S
Cases cited: Re Gillies; Ex parte Official Trustee in Bankruptcy v Gillies (1993) 42 FCR 571 Federal Commissioner of Taxation v Official Receiver (1956) 95 CLR 300
Date of hearing: 5 November 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: Mr J Healy
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