Bear v Official Receiver

65 CLR 307
1941 - 1209A - HCA

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Bear
v Official Receiver

Court:

Judges: Rich J
Starke J
McTiernan J
Williams J

Subject References:
Bankruptcy
Scheme of arrangement
Summary order for sequestration
Annulment and rejection of scheme

Legislative References:
Bankruptcy Act 1924 - ss 52(1); 161
Acts Interpretation Act 1901 - s 36(1)

Hearing date: 26 November 1941; 9 December 1941;
Judgment date: 9 December 1941

Sydney

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Appeal allowed. Order dated 21st August 1941 set aside in so far as it orders as follows:``And a sequestration order is hereby made against the said Benjamin David Bear and Mr. Arnold Victor Richardson an official receiver of this court is hereby constituted official receiver of the estate of the said Benjamin David Bear of 93 York Street, Sydney. And it is further ordered that the applicant's costs of and incidental to the application be taxed and paid out of the estate.''