Barton, Terence v Official Receivers [1984] FCA 368

CATCHWORDS Bankruptcy - avoidance of antecedent transactions - payment of monev bv way of loan - whether "a settlement" - whether made "for valuable

consideration".

Bankruptcy Act 1966: ss. 120; 121

TERENCE BARTON v. THE OFFICIAL RECEIVER

G417 of 1983

Sweeney, Fisher & Lockhart JJ. 12 November, 1984

Svdnev

IN THE FEDERAL COURT OF AUSTRALI NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

ko

ee we

No. G417 of 1983

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN : TERENCE BARTON Appellant AND: THE 0

'ICTAL_RECEIVER

Respondent ORDER JUDGES MAKING ORDERS: Sweenev. Fisher & Lockhart JJ. DATE OF ORDER: 12 November, 1984 WHERE MADE: Svdnev

THE COURT ORDERS THAT:

The order of the court made on 13 December 1983 that the appellant pay to the Official Receiver the sum of $170.000 be varied by reserving leave to the Official Receiver to applv to the trial Judae tor appropriate orders as to how much of and

when the said sum should be paid.

Otherwise the appeal be dismissed.

The appellant pav the costs of the Official Receiver of this

appeal.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G417 of 1983

) GENERAL DIVISION )

On appeal from a single judge of the Federal Court of

Australia.

Between: TERENCE BARTON Appellant

and

THE OFFICIAL RECEIVER Respondent

Coram: Sweeney, Fisher & Lockhart JJ. Place: Sydney

Date : !2 November 1984

Reasons for Judgment

Sweeney, J.

This is an appeal from the judgment of a single judge of this court declaring that a payment made on or about 14 April 1973 by Thomas Barton (the bankrupt) to his uncle Terence Barton (the appellant) in the sum of $170,000.00 was "a settlement of property" within the meaning of s.120(1) of the Bankruptcy Act 1966 (the Act) and was not "made -- for valuable consideration" within the meaning of paragraph

120(1)(a) of the Act. It was ordered that the said payment