Federal Court of Australia
Federal Court of Australia
Ruhe (Trustee), in the matter of Babuc (Bankrupt) v Babuc [2021] FCA 1205 File number: VID 763 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 30 September 2021
Catchwords: BANKRUPTCY – partnership – where bankrupt was an equal member of a partnership that carried on a business – where partnership was dissolved upon the bankruptcy of the bankrupt – where solvent partner was unable or unwilling to administer the winding up of the partnership – where the trustee in bankruptcy sought appointment as receiver and manager of the partnership to realise the assets of the partnership, discharge the liabilities of the partnership, and distribute any surplus – application granted
Legislation: Bankruptcy Act 1966 (Cth), s 30 Partnership Act 1958 (Vic), ss 37, 43, 48
Cases cited: Re Parker; Ex parte Official Receiver (1950) 15 ABC 177 Re Penning; Ex parte State Bank of South Australia (1989) 23 FCR 588 Re Wilson; Ex parte Official Receiver; Hancock (1936) 9 ABC 192
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 17
Date of hearing: 30 September 2021
Counsel for the Applicant: Mr J Kohn
Solicitor for the Applicant: Sullivan Braham Pty Ltd
Counsel for the Respondent: The Respondent did not appear
ORDERS VID 763 of 2020 IN THE MATTER OF THE BANKRUPT ESTATE OF KIM MAREE BUBUC (A BANKRUPT) BETWEEN: ALICE FAY RUHE IN HER CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF KIM MAREE BABUC (A BANKRUPT) Applicant
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