Trimbole, C.G. v Donnelly, M. & Anor [1986] FCA 485

&"A

CATCHWORDS

Bankruptcy - settlement of property - whether void as against trustee

in bankruptcy - sham transaction - whether in favour of purchaser for

valuable consideration.

Statute - interpretation "Purchaser ... for valuable consideration."

Bankruptcy Act 1966: sub-s. 120(1)

CRAIG GRAINGER TRIMBOLE v. MAX CHRISTOPHER DONNELLY and WATER RESOURCES COMMISSION OF N.S.W.

G 319 of 1986

CORAM: Evatt, Lockhart and Wilcox JJ.

5 November 1986

Sydney

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IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT. REGISTRY ) No. G 319 of 1986 )

GENERAL DIVISION )

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

BETWEEN : CRAIG GRAINGER TRIMBOLE

Appellant

AND: MAX CHRISTOPHER DONNELLY - Trustee of the Estate of Robert Trimbole (The Bankrupt)

First Respondent WATER RESOURCES COMMISSION OF N.S.W.

Second Respondent

JUDGES MAKING ORDER: Evatt, Lockhart and Wilcox Jd. WHERE MADE: Sydney DATE OF ORDER: 5 November 1986

ORDERS THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs of the appeal.

NOTE: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 319 of 1986

wr we

GENERAL DIVISION

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

BETWEEN : CRAIG GRAINGER TRIMBOLE Appellant

AND: MAX CHRISTOPHER DONNELLY - Trustee of the Estate of Robert Trimbole

(The Bankrupt)

First Respondent WATER RESOURCES COMMISSION OF N.S.W.

Second Respondent COURT: Evatt, Lockhart and Wilcox JJ.

DATE: 5 November, 1986

REASONS FOR JUDGMENT

THE COURT This is an appeal from the judgment of a single Judge of this Court (Beaumont J.) who held that the transfer by an undischarged