Re Tripp, Alan Terence Ex Parte Barnes, John Craven [1986] FCA 31

The trustee is granted leave to sell the bankrupt's interest in the property due to minimal prospects of success in disputing Westpac's claim and the propriety of distributing the estate accordingly.

Parties: Bankrupt: Alan Terence Tripp; Trustee: John Craven Barne
Jurisdiction: Australia
Judgment Date: 05 February 1986
Procedural Posture: Bankruptcy / Application for Leave to Sell Property
Outcome: Leave granted to the trustee to sell property; costs to be taxed and paid from the estate.
Legal Topics: Sale of Bankrupt's Property, Role of Trustee, Mortgages

Bankruptcy Sale of Bankrupt's Property Role of Trustee Mortgages

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Parties

Alan Terence Tripp

Bankrupt

John Craven Barne

Trustee

Procedural Posture

Bankruptcy / Application for Leave to Sell Property

Legal Issues

1 Whether trustee should be granted leave to sell the bankrupt's interest in property
2 Dispute regarding enforceability of debt to Westpac Banking Corporation

Ratio Decidendi

The trustee is granted leave to sell the bankrupt's interest in the property due to minimal prospects of success in disputing Westpac's claim and the propriety of distributing the estate accordingly.

Court Disposition

Leave granted to the trustee to sell property; costs to be taxed and paid from the estate.

Orders

Trustee is granted leave to sell by private contract the interest of the bankrupt in property at 157 Princes Street, Flemington for $12,000 with purchaser assuming liability for existing encumbrances and indemnifying trustee and estate against Westpac's claim; no adjustment for rates or other outgoings at settlement.
Applicant's (trustee's) costs to be taxed and paid out of the estate.