Federal Court of Australia
Bankruptcy - good faith trustee.
CATCHWORDS
Disposition of property -
Bankruptcy Act 1966 - s.121 Family Law Act 1975 - s.86
Vandervell v. I.R.C. £19673 2 A.C. 291.
RE: ELIZABETH ANN GRAY
EX PARTE:
STIRLING LINDLEY HORNE v.
CORPORATION PTY. LTD.
No. 344 of 1
Jenkinson J. Melbourne 20 February,
Whether parties acted in - Intent to defraud creditors -
FIRST
Void as against
INSURANCE CREDIT
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
No. 344 of 1983
RE: ELIZABETH ANN GRAY Bankrupt
EX PARTE: STIRLING LINDLEY HORNE (as trustee of the estate
Elizabeth Ann Gray, Bankrupt )
Applicant
AND: FIRST INSURANCE CREDIT CORPORATION Pry. LTD.
Respondent
CORAM: Jenkinson J. PLACE: Melbourne DATE: 20 February, 1987
REASONS FOR JUDGMENT
Application by a bankrupt's trustee for a declaration that a disposition of land which is occupied by the bankrupt and of which the respondent is the registered proprietor of an estate in fee simple is, by virtue of the operation of 5.121 of the
Bankruptcy Act 1966, void as against the trustee.
The land is the site of a residence where the bankrupt and her husband and children lived until he separated from her in 1970. Thereafter she has lived in the house with children of the
marriage. Her husband, Donald Edgley Gray, had become the
2.
registered proprietor of the fee simple estate in the land in 1963. A deed dated 20 September 1982 between the bankrupt and her
husband, which included a covenant by each to "join in seeking the registration of this Maintenance Agreement in the appropriate
Court under the provisions of the Family Law Act 1975", commenced
with the following recitals:
"A. The husband and wife were married at Bendigo East in the State of Victoria on the 10th day of February 1962, and no
Application has been made for Dissolution of the Marriage.
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