Re Bilen; Ex parte Sistrom

[1985] FCA 141

Re: VINKO BILEN
Ex Parte: DAVID WILLIAM SISTROM
And: GRACE BILEN
No. NSW 706 of 1983
Bankruptcy

COURT

IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DIVISION OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
Neaves J.

CATCHWORDS

Bankruptcy - property of bankrupt - Bankrupt and wife registered as joint tenants of Crown leasehold - Trustee in bankruptcy registered in respect of estate and interest of the bankrupt - Proceedings in Supreme Court of the Australian Capital Territory by trustee under Partition Act, 1900 (N.S.W.) in its application to the Territory and by wife for declaration as to the extent of her interest in the property - Application to Federal Court of Australia by trustee for declaration as to extent of his interest in the property and consequential orders - Application by wife that those proceedings be stayed.

Partition Act, 1900 (N.S.W.)

HEARING

CANBERRA
#DATE 11:4:1985

ORDER

1. The application by Grace Bilen, the respondent, for an order staying further proceedings upon the application dated 9 October 1984 filed on behalf of David William Sistrom, the trustee of the estate of Vinko Bilen, a bankrupt, be dismissed.

2. The trustee may proceed with the said application only upon his undertaking to discontinue the proceedings commenced by him in the Supreme Court of the Australian Capital Territory by originating summons dated 11 April 1984 and to pay the respondent's costs of and incidental to those proceedings.

3. The costs of the present application be reserved.

4. The parties have liberty to apply to the Court on two days' notice for further directions in this matter and generally.
   
   Note: Settlement and entry of orders is dealt with in Order 36
   

of the Federal Court Rules.

JUDGE1

Pending in the Court is an application by David William Sistrom, the trustee of the bankrupt estate of Vinko Bilen, for declarations -

(a) that he as such trustee is beneficially entitled to one undivided half share of Crown Lease Register Book Volume 663, folio 73 being Block 31, Section 102, Division of Kaleen in the Australian Capital Territory; and

(b) that he is entitled to dispose of or otherwise deal with the said undivided half share pursuant to his powers as such trustee;

and for an order that the costs of the application be paid by the respondent to the application, Grace Bilen, the wife of the bankrupt. The respondent has applied for an order staying until further order all further proceedings upon the trustee's application.

1. A sequestration order was made against the bankrupt on 29 July 1983 and by virtue of sub-section 156A(3) of the Bankruptcy Act 1966 David William Sistrom became the trustee of his estate.

2. At the date of his bankruptcy the bankrupt and his wife were registered as the proprietors as joint tenants of a Crown lease (Register Book Volume 663, folio 73) granted pursuant to the City Area Leases Ordinance 1936 (A.C.T.) over Block 31, Section 102, Division of Kaleen in the Australian Capital Territory ("the property"). On 5…