Makinna Pty Ltd (in liq) v Trives [2016] FCA 1247

FEDERAL COURT OF AUSTRALIA

Makinna Pty Ltd (in liq) v Trives [2016] FCA 1247 File number(s): NSD 1493 of 2016

Judge(s): JAGOT J

Date of judgment: 11 October 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – protection of debtor's property pending sequestration order

Legislation: Bankruptcy Act 1966 (Cth) Family Law Act 1975 (Cth)

Cases cited: Deputy of Commissioner of Taxation v Clyne (1983) 50 ALR 118

Date of hearing: 11 October 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 20

Counsel for the Applicant: Mr S Golledge

Solicitor for the Applicant: Matthews Folbigg Lawyers

Counsel for the Respondent: The respondent appeared in person

ORDERS NSD 1493 of 2016

BETWEEN: MAKINNA PTY LTD (IN LIQUIDATION) Applicant

AND: SIMON EDWARD TRIVES Respondent

JUDGE: JAGOT J DATE OF ORDER: 11 OCTOBER 2016

THE COURT DIRECTS THAT:

1. Pursuant to s 50 of the Bankruptcy Act 1966 (Cth), Barry Anthony Taylor take control of the respondent debtor's property including the proceeds of sale of the land comprised in certificate of title identifier 41/285800 being the land situated at 3 Caramar Close, Picton, New South Wales 2571, currently held in the amount of $541,045.51. 2. Such control cease on the making of a sequestration order in respect to the respondent or earlier order of the Court. THE COURT ORDERS THAT: 3. The respondent pay the applicant's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.