Kelvin Brian Lamb v Michael Melsom & Terence John Collinson Michael James Hargreaves Duncan v Terence John Collinson [1980] FCA 31

Kelvin Brian Lamb v Michael Melsom & Terence John Collinson Michael James Hargreaves Duncan v Terence John Collinson [1980] FCA 31

The Supreme Court of Western Australia has power under s.30 of the Bankruptcy Act 1966 to make orders consolidating the administration of a debtor's estate under a deed of arrangement and a bankrupt partner's estate, in order to facilitate the proper administration of the joint estate, in the absence of binding authority to the contrary.

Parties
Applicant: Peter Michael Melsom; Applicant: Terence John Collinson; Debtor: Kelvin Brian Lamb; Bankrupt: Michael James Hargreaves Duncan
Jurisdiction
Australia
Judgment Date
11 March 1980
Procedural Posture
Application for Directions in Bankruptcy / Judgment Delivered
Outcome
applications granted
Legal Topics
Consolidation of Estates, Administration of Joint Assets, Trusteeship, Deed of Arrangement, Bankruptcy Jurisdiction
Bankruptcy Consolidation of Estates Administration of Joint Assets Trusteeship Deed of Arrangement Bankruptcy Jurisdiction

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Parties

Peter Michael Melsom

Applicant

Terence John Collinson

Applicant

Kelvin Brian Lamb

Debtor

Michael James Hargreaves Duncan

Bankrupt

Procedural Posture

Application for Directions in Bankruptcy / Judgment Delivered

Legal Issues

  1. 1 Whether the court has power to consolidate the estate of a debtor under a deed of arrangement with the estate of a bankrupt partner for administrative purposes

Ratio Decidendi

The Supreme Court of Western Australia has power under s.30 of the Bankruptcy Act 1966 to make orders consolidating the administration of a debtor's estate under a deed of arrangement and a bankrupt partner's estate, in order to facilitate the proper administration of the joint estate, in the absence of binding authority to the contrary.

Court Disposition

applications granted

Orders

  • Order for consolidation of the administration of the debtor's estate (Kelvin Brian Lamb) and the bankrupt's estate (Michael James Hargreaves Duncan) as joint estate.
  • Directions to be supplied for necessary matters in addition to the formal order.