Cussen, in the matter of Arcuri [2016] FCA 1444

FEDERAL COURT OF AUSTRALIA

Cussen, in the matter of Arcuri [2016] FCA 1444 File number: NSD 1812 of 2016

Judge: FLICK J

Date of judgment: 1 December 2016

Catchwords: BANKRUPTCY – claim to be entitled to moneys remitted to Commonwealth by trustee – claim made by administrators – declaration made

Legislation: Bankruptcy Act 1966 (Cth), ss 254, 254(2A), 254(3) Corporations Act 2001 (Cth), Pt 5.3A, ss 437A, 437B, 437D

Cases cited: Re Chappell (1968) 12 FLR 497 Gibb v Australian Financial Security Authority [2016] FCA 1264

Date of hearing: 9 November 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: 24

Solicitor for the Applicants: Mr S Mattiussi of Russells

ORDERS NSD 1812 of 2016 IN THE MATTER OF SALVATORE ARCURI NEIL ROBERT CUSSEN AND EZIO MARCO SENATORE IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF BEECHWORTH LAND ESTATES PTY LTD (ADMINISTRATORS APPOINTED) (ACN 160 808 631) First Applicants

BEECHWORTH LAND ESTATES PTY LTD (ADMINISTRATORS APPOINTED) Second Applicant

JUDGE: FLICK J DATE OF ORDER: 1 DECEMBER 2016

THE COURT DECLARES THAT:

1. Pursuant to s 254(3) of the Bankruptcy Act 1966 (Cth) (the "Bankruptcy Act") the Second Applicant is entitled to moneys paid to the Official Receiver in pursuance of s 254(2A) of the Bankruptcy Act in respect of the estate of Salvatore Arcuri, NSW6430/12/3. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.