Re Jones, P.R. & Anor v. Ex parte Coastal Framing Company Pty Ltd [1987] FCA 316

Re Jones, P.R. & Anor v. Ex parte Coastal Framing Company Pty Ltd [1987] FCA 316

The Court found it appropriate to extend the time for execution of the deeds, appoint Mr. Starkey as trustee in place of Harris and Wilde, and ordered that Harris and Wilde pay all estate funds to Mr. Starkey with no deduction. Costs of the applicants and creditor are to come from the estate, not from the replaced trustees, who are to bear their own costs for the application.

Parties
Debtor: Paul Roy Jones; Debtor: Jennifer Louise Jones; Creditor: Coastal Framing Co. Pty. Ltd.; Former Trustee: Ernest George Harris; Former Trustee: Wilson Joseph Wilde; Trustee: Graham Lindsay Starkey
Jurisdiction
Australia
Judgment Date
25 May 1987
Procedural Posture
Bankruptcy Application / Application for Extension of Time and Appointment of Trustee
Outcome
Orders granted as per the application; extension of time, new trustee appointed, costs directions given.
Legal Topics
Deed of Assignment, Trustee Appointment, Costs, Extension of Time
Bankruptcy Deed of Assignment Trustee Appointment Costs Extension of Time

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Parties

Paul Roy Jones

Debtor

Jennifer Louise Jones

Debtor

Coastal Framing Co. Pty. Ltd.

Creditor

Ernest George Harris

Former Trustee

Wilson Joseph Wilde

Former Trustee

Graham Lindsay Starkey

Trustee

Procedural Posture

Bankruptcy Application / Application for Extension of Time and Appointment of Trustee

Legal Issues

  1. 1 Should the time for execution of the Deed of Assignment be extended?
  2. 2 Should Graham Lindsay Starkey be appointed as trustee in place of Harris and Wilde?
  3. 3 Should Messrs. Wilde and Harris be allowed to retain fees from estate funds?

Ratio Decidendi

The Court found it appropriate to extend the time for execution of the deeds, appoint Mr. Starkey as trustee in place of Harris and Wilde, and ordered that Harris and Wilde pay all estate funds to Mr. Starkey with no deduction. Costs of the applicants and creditor are to come from the estate, not from the replaced trustees, who are to bear their own costs for the application.

Court Disposition

Orders granted as per the application; extension of time, new trustee appointed, costs directions given.

Orders

  • The time for execution of the Deed of Assignment by Harris and Wilde (for Paul Roy Jones and Jennifer Louise Jones) be extended to 13 October 1986.
  • Graham Lindsay Starkey be appointed trustee of both Deeds of Assignment in place of Harris and Wilde.