Federal Court of Australia
£23
CATCHWORDS
BANKRUPTCY - mortgage given by bankrupt within five years of bankruptcy - whether settlement of property - whether made for valuable consideration - whether mortgage void against trustee.
Bankruptcy Act 1966 5.120 Bankruptcy Act 1924-1960 5.94
Transfer of Land Act 1958 (Vic.) 5.74
Re Pahoff; Ex parte Ogilvie (1961) 20 A.B.C. 17 Re Hyams; Official Receiver v. Hyams (1970) 19 F.L.R. 232 Barton v. Official Receiver (1984) 58 A.L.R. 328
THE OFFICIAL TRUSTEE IN BANKRUPTCY (as trustee of the property of Troodia Arcadiou, a bankrupt)
and
PHILLIP ARCADIOU and SANDRA ARCADIOU
V. No. G 140 of 1985
Fox, Woodward and Northrop dJ. 17 December 1985
Melbourne
TH_THE FRDEPAL COMPT OF AUSTRALIA
Un. VG 140 of 1985 BANKRUPTCY DISTRICT OF THE STATE
a) GENERAL DIVTISIGN ) yUy
OF VICTORIA
OM APPEAL from a single iuiddge of the Federal Court of Australia
BETWEEN :
THE OFF ICTAL TRUSTEE IN BANKRUPTCY (as Trustee of the property of Troodia Arcadisu, a bankrupt)
Appeltant
Ts
LNT) :
?
PHTILLIF ARCADTOU and SANDRA ARCADTOM
Respondents
MINUTE OF ORDER
JUDGES MAKING ORDER: . Fox, Wooodward and Northrop JJ. DATE OF ORDER: 17 December 1985 WHERE MADE: Melbourne
THE COMRT ORDERS THAT:
1. The order made in the Court below be varied bv deleting the declaration therein.
ae Subtect to that variation. the appeal be dismissed. 3, The appellant pay the respondent's costs of the appeal.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Pederal Court Rules.
TN_THE FEDETAL COMRT OF ANTSTRALTA
GENERAL DIVISTON
BANKRUPTCY DISTRICT OF THE STATE
OF *7TCTORTA
FOX T,
Tourt
~ eee er ee
No,
VG 140 of 1985
ON APPEAL from a sinale judge of the Federal Court of
Australia
BETWEEN :
THE OFFICIAL TRUSTEE IN BANKRUPTCY (as Trustee of the property of Troodia Arcadiou. a bankrupt)
AND:
Appellant
EHILLIP ARCADIOU and SANDPA
ARCADTOU
FOX. WOODWARD AND NORTHROP JJ. 17 DECEMBER 1985
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