Federal Court of Australia
CATCHWORODS
BANKRUPTCY - deed of assignment - assignor's signature witnessed by assignee - void - whether any divisible property assigned -
effect of there being no divisible property - extension of time for execution of deed.
Bankruptcy Act, 1966 ss.116, 187(1), 216(2)
Re: Geoffrey Gilbert Dart
Ex parte: Registrar in Bankruptcy for the Southern District of the State of Queensland
Qld Part X93 of 1986
PINCUS J. BRISBANE 26 NOVEMBER 1986
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD Part X93 of 1986
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: GEOFFREY GILBERT DART
EX PARTE: REGISTRAR _IN BANKRUPTCY FOR THE SOUTHERN DISTRICT OF THE STATE OF
UEENSLAND GEOFFREY GILBERT DART
Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 26 NOVEMBER 1986 WHERE MADE: BRISBANE
THE COURT:
1. Declares that the deed of assignment dated 14 April 1986 executed by Geoffrey Gilbert Dart is void as not having been executed in accordance with the
requirements of s.216(2) of the Bankruptcy Act and because there was no divisible property on which it could operate.
2. Orders that the cross-application be dismissed.
3. Orders that the respondent pay the applicant's costs of and incidental to the proceedings, to be taxed.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD Part X93 of 1986
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: GEOFFREY GILBERT DART
EX PARTE: REGISTRAR IN BANKRUPTCY FOR THE SOUTHERN DISTRICT OF THE STATE OF
QUEENSLAND GEOFFREY GILBERT DART
Respondent
PINCUS J. 26 NOVEMBER 1986
REASONS FOR JUDGMENT
By his amended application, the Registrar in Bankruptcy seeks an order that a deed of assignment executed by the respondent, Mr. G.G. Dart, on 14 April 1986, be declared void on
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate