Federal Court of Australia
CATCHWORODS
Bankruptcy - Avoidance of preference - mortgage securing antecedent andebtedness - good faith - whether person in position of mortgagees would have suspected insolvency - matter for objective determination
in laght of carcumstances known to mortgagees.
BANKRUPTCY ACT 1966 s.122(1) (2) (3) (4)
Sandell v Porter (1966) 115 C.L.R. 660
Queensland Bacon Proprietary Limited v Rees (1966) 115 C.L.R. 266
Re Weiss Ex parte White v John Vicars & Co. Ltd. [1970] A.L.R. 654
Re: DOMENICO CASTELLUCCI Ex Parte: KEVIN MICHAEL PIPKIN
and MICHELE GAMMA and ROSA GAMMA
Fisher J. Adelaide
11 March 1983. ~ -
IN THE FEDERAL COURT OF AUSTRALIA)
) SOUTH AUSTRALIA DISTRICT REGISTRY) No. 648 of 1981
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE
eed
STATE OF SOUTH AUSTRALIA
Re: DOMENICO CASTELLUCCI
A bankrupt
Ex parte: KEVIN MICHAEL PIPKIN
Applicant and
MICHELE GAMMA and ROSA GAMMA
Respondents
ORDER JUDGE MAKING ORDER : Fisher J. WHERE MADE : Adelaide DATE , : 11 March 1983
THE COURT ORDERS THAT:
1. The mortgage is not void against the applicant. 2. The applicant pay the respondents their costs to be taxed
if not agreed.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. 648 of 1981
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE
ee eee ee
STATE OF SOUTH AUSTRALIA
Re: DOMENICO CASTELLUCCI
A bankrupt
Ex Partc: KEVIN MICHAEL PIPKIN
Applicant and MICHELE GAMMA and ROSA GAMMA
Respondents
CORAM: Fisher J.
11 March 1983
REASONS FOR JUDGMENT
This application is made pursuant to s.122 of the Bankruptcy
Act 1966 ("the Act") by Michael Kevin Pipkin ("the applicant") a registered trustee as trustee of the bankrupt estate of Domenico Castellucci ("the bankrupt"). The proceedings were commenced in the Court of Insolvency of the State of South Australia exercising, as
it did at the time, Federal jurisdiction in bankruptcy. Eventually it came on for hearing in this Court which on 1 February 1982 assumed jurisdiction in bankruptcy in the State of South Australia in place of the State Court of Insolvency, Transitional provisions enacted
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