Federal Court of Australia
Federal Court of Australia
Le v Scott [2022] FCAFC 31 Appeal from: Scott (Trustee) v Le [2021] FCA 1364
File number: VID 688 of 2021
Judgment of: MORTIMER, SNADEN AND MCELWAINE JJ
Date of judgment: 11 March 2022
Catchwords: BANKRUPTCY – appeal from judgment by which the appellant and his wife were found to be joint registered proprietors of a property – appellant contended that ownership in the property rested with his wife and his now-deceased brother – appellant and brother alleged to share similar names – existence of brother disputed – whether primary judge erred by concluding that the appellant had an interest in the property – whether primary judge's finding contrary to incontrovertible facts, glaringly improbable, or contrary to compelling inferences – appeal dismissed
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; 261 FCR 301 Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Devries v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472 Fox v Percy (2003) 214 CLR 118 Italiano v Barbaro (1993) 40 FCR 303 Jadwan Pty Ltd v Rae & Partners (A Firm) [2020] FCAFC 62; 278 FCR 1 Lee v Lee [2019] HCA 28; 266 CLR 129 Robinson Helicopter Co Inc v McDermott [2016] HCA 22; (2016) 90 ALJR 679
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 35
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