Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hess v Official Trustee in Bankruptcy [2015] FCA 1400 Citation: Hess v Official Trustee in Bankruptcy [2015] FCA 1400
Parties: ANGELA HESS v OFFICIAL TRUSTEE IN BANKRUPTCY
File number: QUD 677 of 2014
Judge: RANGIAH J
Date of judgment: 11 December 2015
Catchwords: BANKRUPTCY AND INSOLVENCY – award of workers' compensation to estate of deceased worker for injury and death – undischarged bankrupt received compensation money from deceased as inheritance – where bankrupt was both executor and beneficiary of deceased's estate – whether money formed property divisible amongst the creditors – money received in capacity as beneficiary – money divisible amongst creditors and vests in trustee
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 58, 116, 125(1), 153(1) and 178 Succession Act 1981 (Qld) ss 46(1), 52(1) and 66(1) Workers' Compensation and Rehabilitation Act 2003 (Qld) ss 128B, 128D, 199, Ch 3 Pt 11 and Pt 3 Div 5
Cases cited: Commissioner of Stamp Duties (Qld) v Livingston (1964) 112 CLR 12 cited Official Receiver in Bankruptcy v Schultz (1990) 170 CLR 306 cited Official Trustee in Bankruptcy v Jones [2003] NSWSC 343 cited Re Buckle; Ex parte Ogilvie [1970] ALR 717 cited Re Pevsner; Ex parte Trustee in Bankruptcy (1983) 68 FLR 254 cited Re Thorne and Sherson's Contract [1920] VLR 50 cited Silvia v Thomson (1989) 87 ALR 695 cited
Date of hearing: 25 May 2015
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