Shephard v Robson (No 2) [2015] FCA 1443

Shephard v Robson (No 2) [2015] FCA 1443

The Court adopted Mr Robson's draft orders because they properly reflected the earlier reasons. After considering Mr Robson's further affidavit, the Court was satisfied that the proposed deductions were expenses properly related to the sale, that $142,959.78 was the net proceeds of sale of a 10/12th part of the property, and that 6% of that sum was $8,577.59. The parties each sought that they bear their own costs, and that order was appropriate.

Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Federal Court Proceeding Concerning Protected Moneys Under the Bankruptcy Act 1966 (cth) / Orders Following Reasons for Judgment, Heard on the Papers
Outcome
Orders made declaring $8,577.59 protected moneys and requiring payment to the Applicant within 28 days; each party to bear their own costs.
Legal Topics
['protected Moneys' 'net Proceeds of Sale' 'deductible Sale Expenses' 'costs']
['bankruptcy Law' 'federal Court Procedure'] ['protected Moneys' 'net Proceeds of Sale' 'deductible Sale Expenses' 'costs']

Case Brief

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Procedural Posture

Federal Court Proceeding Concerning Protected Moneys Under the Bankruptcy Act 1966 (cth) / Orders Following Reasons for Judgment, Heard on the Papers

Legal Issues

  1. 1 ['What amount should be declared protected monies under the Bankruptcy Act 1966 (Cth).' 'Whether the expenses proposed to be deducted from the proceeds of sale of the Sapphire Beach property properly related to the sale.' 'What costs order should be made.']

Ratio Decidendi

The Court adopted Mr Robson's draft orders because they properly reflected the earlier reasons. After considering Mr Robson's further affidavit, the Court was satisfied that the proposed deductions were expenses properly related to the sale, that $142,959.78 was the net proceeds of sale of a 10/12th part of the property, and that 6% of that sum was $8,577.59. The parties each sought that they bear their own costs, and that order was appropriate.

Court Disposition

Orders made declaring $8,577.59 protected moneys and requiring payment to the Applicant within 28 days; each party to bear their own costs.

Orders

  • ['William Robson be released from his undertaking to the Court given on 2 July 2014 not to distribute any funds received from James Roger and Stephen Hall from the sale of the property known as 53 Fairview Road, Sapphire Beach, NSW.' 'The amount of $8,577.59 being 6% of the net proceeds of sale attributable to...