Federal Court of Australia
CATCHWORDS
Bankruptcy - settlement of property - whether gifts of gewellery, a fur and a cutlery set were settlements and,
if so, whether the settlements were "1n consideration of
marriage" - Bankruptcy Act 1966, s.120.
RE IAN JOHN WALSH WILLIAM JAMES HAMILTON v. YVONNE LORRAINE WaLSH
N,S,¥, W 382 of 1982
Coram: Sheppard J.
7 February, 1983
Sydney
tinea
IN THE FEDERAL COURT OF AUSTRALIA THE BANKRUPTCY DISTRICT OF THE
STaTS OF NEW SOUTH WALES AND THE No. 382 of 1982
Ne eee
AUSTRALIAN CAPITAL TERRITORY
re JAN JOHN WALSE
BETWEEN WILLIAM JAMES HAMILTON
Apolicant
YVONNE LORRAINE WALSH
Respondent
ORDER _AND DECLARATION
JUDGE MAKING ORDER AND DECLARATION : SHEPPARD J.
DATE OF ORDER AND DECLARATION: 7 FEBRUARY, 1983
WHERE MADE : Sydney
THE COURT DECLARES THaT the items of property referrea
to 1n the schedule avpended to the application form part
of the estate of tne bankrupt.
THE COURT ORDERS THAT ;:
l. There be liberty to anvply.
2. The respondent, Yvonne Lorrazne Welisn pey tne applicant's costs of the application inclucing any
"reservec costs,
be ly
IN THE FEDERAL COURT OF AUSTRALIA THe BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE AUSTRALIAN No. 382 of 1982
ed
CAPITAL TERRITORY
re IAN JOHN WALSH BETWEEN WILLIAM JAMES HAMILTON Applican
AND ~~ YVONNE LORRAINE WALSH
Responden
CORAM: SHEPPARD J. 7 February, 1983
REASONS FOR JUDGMENT
This 1s an application made pursuant to s.120 of tne Bankruptcy Act 1966 by "she trustee in bankruptcy of the bankrupt estate of Ian John Welsh. Tne application was originally against two respondents, the anzlicant's wife, Yvonne Lorraine Walsn and a firm, Cornelius Furs, For reasons which need not ce mentioned it was not ultimetely proceeded with in respect of the second respondent.
During a relationship whicn Mr. and Mrs. Walsh nad before their marriage on 8 April, 1982, Mr. walsr mace a number of gifts to Mrs. wWalsn, mostly of jewellery. The gifts are specified in the affidavits of the parties and may be summariseca as be:ng gifts of a scla pendant, a gold
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