Davis, A.A. [1985] FCA 636

Davis, A.A. [1985] FCA 636

The Registrar may, in exercising discretion under s. 207(2) of the Bankruptcy Act 1966, direct that interest at the prescribed rate be paid from a date earlier than the prescription of the interest rate, provided the rate is prescribed at the time the direction is made.

Parties
Trustee: Official Trustee; Executor/applicant: Neville James Eldrid; Registrar: Deputy Registrar in Bankruptcy (Margaret Ann Leeman)
Jurisdiction
Australia
Judgment Date
21 November 1985
Procedural Posture
Special Case Stated / Judgment on Special Case
Outcome
Question in special case answered affirmatively; no order as to costs.
Legal Topics
Interest on Estate Funds, Prescription of Interest Rates, Discretion of Registrar
Bankruptcy Interest on Estate Funds Prescription of Interest Rates Discretion of Registrar

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Parties

Official Trustee

Trustee

Neville James Eldrid

Executor/applicant

Deputy Registrar in Bankruptcy (Margaret Ann Leeman)

Registrar

Procedural Posture

Special Case Stated / Judgment on Special Case

Legal Issues

  1. 1 Whether the Registrar can direct that interest at the prescribed rate may be paid from a date earlier than the date the rate was prescribed

Ratio Decidendi

The Registrar may, in exercising discretion under s. 207(2) of the Bankruptcy Act 1966, direct that interest at the prescribed rate be paid from a date earlier than the prescription of the interest rate, provided the rate is prescribed at the time the direction is made.

Court Disposition

Question in special case answered affirmatively; no order as to costs.

Orders

  • The question asked in the special case referred to the Court by the Registrar in Bankruptcy pursuant to rule 119 of the Bankruptcy Rules is answered in the affirmative.
  • There is no order as to costs.