Federal Court of Australia
CATCHWORDS
Bankruptcy ~ Avoidance of transactions - disposition fraudulent as against creditors ~ Proof of intention to defraud - onus of proof - disposition in favour of a child - onus of establishing that child
acted in good faith - matter for objective determination.
BANKRUPTCY ACT 1966 ss. 120(1), 121(1)
Noakes v Harvy Holmes & Son (1979) 26 A.L.R. 297 Michael v Thompson (1894) 20 V.L.R. 548
"Cheats Charter" 91 L.Q.R. 86
RE: GINO MARCHIORI EX PARTE: THE OFFICIAL RECEIVER
B ET WE EN
THE OFFICIAL TRUSTEE v GINO MARCHIORI and CHRISTINE GINA MARCHIORI
Fisher J. Adelaide 11 March 1983.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. 154 of 1982
BANKRUPTCY DISTRICT OF THE STATE
) ) : GENERAL DIVISION ) ) ) ) )
OF SOUTH AUSTRALIA
Re: GINO MARCHIORI
Ex Parte: THE OFFICIAL RECEIVER
BETWEEN:
THE OFFICIAL TRUSTEE Applicant
- and -
GINO MARCHIORI and CHRISTINE GINA
MARCHIORI ORDER JUDGE MAKING ORDER Hy Fisher J. WHERE MADE : Adelaide DATE : 11 March 1983
THE COURT ORDERS THAT:
1. The disposition of the 1981 Datsun Bluebird sedan in favour of the respondent Christine Gina Marchiori was a disposition made with intent to defraud creditors and was and is void as against the applicant.
2. The respondent Christine Gina Marchiori do within 14 days after service upon her of a sealed copy of this Order transfer the said motor vehicle and the registration thereof to the applicant,
3. The question of costs be reserved.
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY } No. 154 of 1982
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF SOUTH AUSTRALIA
Re: GINO MARCHIORI
Ex Parte: THE OFFICIAL RECEIVER
BETWEEN:
"@HE OFFICIAL TRUSTEE Applicant - and ~
GINO MARCHIORI and CHRISTINE GINA MARCHIORI
11 March 1983
REASONS FOR JUDGMENT
FISHER J: This is an application by the Official Trustee in Bankruptcy as trustee of the estate of Gino Marchiori (the bankrupt") for
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