Trustees of the Property of Shane L Fuz (Bankrupt); in the matter of Shane L Fuz (Bankrupt) v NSW Trustee and Guardian (No 2) [2023] FCA 206

Federal Court of Australia

Trustees of the Property of Shane L Fuz (Bankrupt); in the matter of Shane L Fuz (Bankrupt) v NSW Trustee and Guardian (No 2) [2023] FCA 206 File number(s): NSD 725 of 2019

Judgment of: GOODMAN J

Date of judgment: 8 March 2023

Date of publication of reasons: 10 March 2023

Catchwords: BANKRUPTCY – bankrupt's joint interest in property with late wife – probate granted and property sold – order made for distribution of proceeds of sale

Legislation: Probate and Administration Act 1898 (NSW), ss 44, 61

Cases cited: Ex parte Newlands Brothers Pty Ltd; Re Kenniff (1955) 56 SR(NSW) 35 Trustees of the Property of Shane L Fuz (Bankrupt); in the matter of Shane L Fuz (Bankrupt) v NSW Trustee and Guardian [2019] FCA 1311

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 16

Date of hearing: 8 March 2023

Solicitor for the Applicant: Ms B McMahon of Matthews Folbigg Pty Ltd

Solicitor for the Respondent: No appearance

ORDERS NSD 725 of 2019 IN THE MATTER OF SHANE L FUZ (BANKRUPT) BETWEEN: TRUSTEES OF THE PROPERTY OF SHANE L FUZ (BANKRUPT) Applicant

AND: NSW TRUSTEE AND GUARDIAN Respondent

order made by: GOODMAN J DATE OF ORDER: 8 MARCH 2023

THE COURT ORDERS THAT:

1. Pursuant to rule 9.05 of the Federal Court Rules 2011 (Cth) ("the Rules"), Joshua Mark Fuz and Mathew Lea Fuz as Executors of the Deceased Estate of Joanne Kim Fuz be joined as the second respondent. 2. Pursuant to rule 9.05 of the Rules, the Trustees of the Property of Aaron Shane Fuz, a Bankrupt be joined as the third respondent. 3. Andrew Aravanis and Ronil Prakash Roy as Trustees for Sale of 90 Yalwal Road, West Nowra, distribute the Net Proceeds held by them in an interest bearing account pursuant to Order 5(f)(ii) of the Orders made on 29 August 2019, as follows: (a) $34,080.25 to the Trustees of the Bankrupt Estate of Aaron Shane Fuz; and (b) the balance to the executors of the Deceased Estate of Joanne Kim Fuz. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.