Re Kennedy, Susan Maree Ex Parte Porter, Inez Helen v Worrell, Ivor [1996] FCA 300

Re Kennedy, Susan Maree Ex Parte Porter, Inez Helen v Worrell, Ivor [1996] FCA 300

The sum of $6,030.72 paid into the Baker Johnson Trust Account was owned absolutely by Ms Kennedy, not jointly; circumstances do not fall within s 118 of the Bankruptcy Act; thus the funds should be released to the respondent and the application dismissed.

Parties
Bankrupt: Susan Maree Kennedy; Applicant: Inez Helen Porter; Respondent: Ivor Worrell
Jurisdiction
Australia
Judgment Date
30 April 1996
Procedural Posture
Bankruptcy Application / Post Bankruptcy, Application Contested and Dismissed
Outcome
Application dismissed
Legal Topics
Ownership of Monies, Distribution of Bankruptcy Estate, Section 118 Bankruptcy Act
Bankruptcy Ownership of Monies Distribution of Bankruptcy Estate Section 118 Bankruptcy Act

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Parties

Susan Maree Kennedy

Bankrupt

Inez Helen Porter

Applicant

Ivor Worrell

Respondent

Procedural Posture

Bankruptcy Application / Post Bankruptcy, Application Contested and Dismissed

Legal Issues

  1. 1 Whether the sum of $6,030.72 paid into the Baker Johnson Trust Account was owned absolutely by the bankrupt or jointly with her former partner
  2. 2 Whether the monies should be distributed pursuant to s 118 Bankruptcy Act 1966 (Cth)

Ratio Decidendi

The sum of $6,030.72 paid into the Baker Johnson Trust Account was owned absolutely by Ms Kennedy, not jointly; circumstances do not fall within s 118 of the Bankruptcy Act; thus the funds should be released to the respondent and the application dismissed.

Court Disposition

Application dismissed

Orders

  • Applicant to procure release of funds in Magistrates Court at Brisbane to the respondent
  • Out of funds, sum of $277.50 to be paid to applicant's solicitors