Szepesvary v Weston as trustee of the bankrupt estate of Aaron Szepesvary [2018] FCAFC 224

FEDERAL COURT OF AUSTRALIA

Szepesvary v Weston as trustee of the bankrupt estate of Aaron Szepesvary [2018] FCAFC 224 Appeal from: Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) (No 2) [2018] FCA 87

File number: VID 261 of 2018

Judges: PERRY, MOSHINSKY AND LEE JJ

Date of judgment: 13 December 2018

Catchwords: BANKRUPTCY – application for annulment of bankruptcy – allegation sequestration order ought not have been made because no valid legal assignment of debt – application for annulment refused by primary judge – discussion of validity of assignment of debts and going behind a judgment in the context of an annulment application EQUITY – assignment of choses in action at law and in equity – notice given under s 134 of the Property Law Act 1958 (Vic) and assignment of chose in action effective at law but consideration of principle that assignment ineffective at law is effective in equity if for value EVIDENCE – late service and inadmissibility of evidence of affidavit evidence seeking to prove notice of assignment of debt and of hearing at which sequestration order was made – document providing notice accepted by primary judge has having been received by appellant – discussion of principled approach as to use of presumptions as to receipt of documents – acceptance of testimony of affiant when the affidavit was not before the Court – error not material –appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 153A, 153B Evidence Act 1995 (Cth) ss 55, 69, 160, 167 Federal Court Rules 2011 (Cth) r 39.8 Property Law Act 1958 (Vic) s 134 Judicature Act 1873 (UK) s 25