Di Felice, Filizzio v Bent, Everett Thomson & Ors [1983] FCA 15

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CATCHWORDS

Bankruptcy - Appeal against dismissal of application by bankrupt to restrain transaction by trustee - Whether concluded agreement as to payment of Crown rents, price, subject matter of option - Whether option unenforceable for uncertainty - Whether Ministerial approval obtained - Whether sublease executed by respondents as trustee

for company - If so, whether sublease invalid - Whether just and equitable for appellant to prevent exercise of

option,

Bankruptcy Act 1966 (Cth.) s.212A Land Act 1962-1978 (Qld.) ss.23(4), 91, 274, 296.

Property Law Act 1974-1978 (Qld.) ss.1ll, 59.

FILIZ2IO DI FELICE v EVERETT THOMSON BENT & ORS

Qld. No. G63 of 1982

CORAM: BOWEN C.J., FRANKI and ELLICOTT JJ.

SYDNEY

ll February 1983.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN :

ORDER

JUDGES MAKING ORDER: Bowen

WHERE MADE: Sydney

No. G63 of 1982

FILIZZIO DI FELICE (also known as PHILIP DI FELICE)

Appellant

EVERETT THOMSON BENT

First Respondent

DIANE ROSEMARY OTASEVIC as Executrix representing the Estate of Vincent Samuel Huttley (Dec'd) and DARRYL EDWARD

CORDINGLEY as Executor representing

the Estate of Maureen Mavis Huttley (Dec'd)

Second Respondents

C.J., Franki and Ellicott JJ.

DATE: il February 1983

THE COURT ORDERS THAT:-

1. The appeal be dismissed.

2. The appellant pay to the respondents their

costs of the appeal and of the proceedings before Mr. Justice

Fitzgerald.

at

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) Appeal No. 63 of 1982 ) )

GENERAL DIVISION

BETWEEN: FILIZZIO DI FELICE (also known as PHILIP Di FELICE)

Appellant

AND: EVERETT THOMSON BENT

First Respondent

i

DIANE ROSEMARY OTASEVIC as

Executrix representing the Estate of Vincent Samuel Huttley (Dec'd) and DARRYL EDWARD CORDINGLEY as Executor representing the Estate of Maureen Mavis Huttley (Dec'd)