Re Louwen, Henry Willem Ex Parte Walker, John Edward [1983] FCA 73

ar

73.

CATCHWORDS Bankruptcy - Action by trustee to set aside settlement - Whether settlement made in good faith.

Bankruptcy Act 1966, s.120(1).

Re HENRY WILLEM LOUWEN (a bankrupt)

ex parte JOHN EDWARD WALKER (Trustee of the Bankrupt Estate of Henry Willem Louwen)

Franki J. Sydney 28 April 1983

—

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

OF NEW SOUTH WALES AND THE

) ) BANKRUPTCY DISTRICT OF THE STATE ) No. NSW 113 of 1981 ) )

AUSTRALIAN CAPITAL TERRITORY

Re HENRY WILLEM LOUWEN (a bankrupt)

ex parte JOHN EDWARD WALKER (Trustee of the Bankrupt

Estate of Henry Willem Louwen)

ORDER JUDGE MAKING ORDERS: Franki J. DATE OF ORDERS: 28 April 1983 WHERE MADE: Sydney

THE COURT ORDERS THAT:

1.

Declare that, pursuant to s.120 of the Bankruptcy Act 1966, the disposition by the bankrupt to Johanna Levina Louwen of the land described in Certificate of Title Volume 9361 Folio 223 together with the improvements erected thereon known as and situated at 13 Pertaka Place, Cromer, is void against the applicant, John Edward Walker, as the trustee in bankruptcy of the bankrupt estate of Henry Willem Louwen.

The respondent, Johanna Levina Louwen, execute any transfers and perform all acts necessary for the purpose of transferring the subject land and the improvements erected thereon to the applicant.

The respondent is to pay the applicant's taxed costs, including any reserved costs, of this application.

Bither party has liberty to apply in respect of any difficulty which may arise in relation to the form of this order or its implementation.

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION )

BANKRUPTCY DISTRICT OF THE STATE ) No. NSW 113 of 1981 ) )

OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

Re HENRY WILLEM LOUWEN (a bankrupt)

ex parte JOHN EDWARD WALKER (Trustee of the Bankrupt Estate of Henry Willem Louwen)