King v Australian Financial Security Authority [2019] FCA 537

King v Australian Financial Security Authority [2019] FCA 537

The Court was satisfied that the trustee had under his control moneys that had remained unclaimed for more than six months, that those moneys were paid to the Commonwealth pursuant to s 254(2), and that Michael King, as the only child and administrator of Helen Maree King's deceased estate, was entitled to those moneys; with no other claimant or reason to refuse relief, the declaration should be made.

Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Application for Unclaimed Monies Under S 254(3) of the Bankruptcy Act 1966 (cth) / Final Judgment and Declaration
Outcome
Declaration made; no order as to costs.
Legal Topics
['unclaimed Monies' 'bankrupt Estate' 'payment to the Commonwealth' 'entitlement to Surplus Funds']
['bankruptcy and Insolvency'] ['unclaimed Monies' 'bankrupt Estate' 'payment to the Commonwealth' 'entitlement to Surplus Funds']

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Procedural Posture

Application for Unclaimed Monies Under S 254(3) of the Bankruptcy Act 1966 (cth) / Final Judgment and Declaration

Legal Issues

  1. 1 ['Whether the Court was satisfied that the applicant was entitled to moneys paid to the Commonwealth by the trustee pursuant to s 254(2) of the Bankruptcy Act 1966 (Cth).' 'Whether the Court should make a declaration under s 254(3) of the Bankruptcy Act 1966 (Cth).']

Ratio Decidendi

The Court was satisfied that the trustee had under his control moneys that had remained unclaimed for more than six months, that those moneys were paid to the Commonwealth pursuant to s 254(2), and that Michael King, as the only child and administrator of Helen Maree King's deceased estate, was entitled to those moneys; with no other claimant or reason to refuse relief, the declaration should be made.

Court Disposition

Declaration made; no order as to costs.

Orders

  • ['Pursuant to s 254(3) of the Bankruptcy Act 1966 (Cth), the applicant is entitled to moneys that have been paid to the Commonwealth by the trustee pursuant to s 254(2) in respect of the estate of Helen Maree King, those moneys being in the sum of $52,286.28.' 'There be no order as to costs.']