Re Tarrant, Janine Maree v Ex parte Putnin, Bernard & Ors [1985] FCA 283

"

ges

Bankruptcy - prererence - caravan used by bankrupt and husband

trading in partnership - arrangement whereby bankrupt agreed to return to the respondents caravan being purchased by instalments from the respondents in lieu of payment of arrears and site fees owing - application by trustee to set aside arrangement as preference - whether property in caravan had passed to partnership under agreement to purchase - effect of earlier decision by court that bankrupt had no property in the caravan - whether bankrupt's interest in caravan as partner divisible property vesting in

trustee - consideration of effect of bankruptcy of one partner

Bankruptcy Act 1966 s.110, para.116(1)(a) and s.122 The Sale of Goods Act, 1895 (W.A.) ss.17, 18

The Partnership Act, 1895 (W.A.) sub-s.44(1), 5.57

RE: JANINE MAREE TARRANT - Bankrupt EX PARTE: BERNARD PUTNIN ~ Applicant

CECIL WALTER JEFF'S and MARJORIE ELAINE JEFF'S - Respondents

TOOHEY J. PERTH 26 JUNE 1985

IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA

JUDGE MAKING ORDER DATE OF ORDER

WHERE MADE

~ewrr

No. 189 of 1984

BETWEEN:

RE: JANINE MAREE TARRANT Bankrupt

EX PARTE: BERNARD PUTNIN Applicant

and

CECIL WALTER JEFF'S and MARJORIE ELAINE JEFF'S Respondents

MINUTE OF ORDER

Toohey J.

26 June 1985

Perth

THE COURT ORDERS THAT:

The transaction entered into between the bankrupt and the respondents on or about 14 March 1984, in relation to a Capricorn 27 caravan situated at site 32, Kalgoorlie Caravan Park, Lower Hannan Street, Kalgoorlie, is void against the applicant pursuant to s.122 of the Bankruptcy Act 1966.

There be liberty to the parties to apply for any further

orders that may be appropriate by reason of the order made in

paragraph 1 hereof.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules