Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt) [2017] FCAFC 217 Appeal from: Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt) [2017] FCA 567
File number: VID 639 of 2017
Judges: ALLSOP CJ, DOWSETT AND BURLEY JJ
Date of judgment: 18 December 2017
Catchwords: BANKRUPTCY – whether a loan agreement between third party and bankrupt to discharge debt to Commissioner of Taxation was a transfer of property – whether a preference under s 122 of Bankruptcy Act 1966 (Cth) –whether a Quistclose trust existed – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 58(1), 115(1), 116, 122(1) Corporations Act 2001 (Cth) s 588FA
Cases cited: Analogy Pty Ltd (Receiver and Manager appointed) (In Liquidation) v Bell Basic Industries Ltd (unreported, BC 9502636) Australasian Conference Association Ltd v Mainline Constructions Pty Ltd (in liquidation) (1978) 141 CLR 335 Australian Elizabethan Theatre Trust; Lord v Commonwealth Bank of Australia (1991) 30 FCR 491 Barclays Bank Ltd v Quistclose Investments Limited [1970] AC 567 George v Webb [2011] NSWSC 1608 Re Emanuel (No 14) Pty Ltd (in liq), Macks v Blacklaw & Shadforth Pty Ltd (1997) 147 ALR 281 Richardson v The Commercial Banking Company of Sydney Ltd (1952) 85 CLR 110 Salvo v New Tel Ltd [2005] NSWCA 281 Sheahan v Carrier Air Conditioning Pty Ltd (1997) 189 CLR 407 Toovey v Milne (1819) 2B & A 683
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