Federal Court of Australia
CATCHWORDS
BANKRUPTCY - application to set aside security - whether Queensland Bill of Sale effective from execution, from stamping, or from registration - whether bill of sale a "settlement" - going behind stated consideration.
STAMP DUTIES - bill of sale - stamped after execution - whether effective before stamping.
CONTRACT - consideration - uncertain agreement to give security - later made precise - whether security given for good consideration.
BILLS OF SALE - Queensland - registered late - effectiveness as to period before registration.
Bankruptcy Act 1966, ss.120, 122 Bills of Sale and Other Instruments Act 1955-1981 (Q.), s.7 Stamp Act 1894-1985 (0.), s.4A
Re: Alexander David Douglas
Ex parte: Graham Lindsay Starkey Qld X28 of 1987
PINCUS J.
BRISBANE 20 JULY 1987
21SUL1987
Ae FEDERAL couRT oF '>> AUSTRALIA >
PRINCIPAL ALCGISTRY
\ cA of
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION
~
QLD X28 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: ALEXANDER DAVID DOUGLAS EX PARTE: GRAHAM LINDSAY STARKEY
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 20 JULY 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application made by the trustee be dismissed;
2. The trustee pay the respondents' costs of and incidental to the application, to be taxed.
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
~~
QLD X28 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
~
~
RE: ALEXANDER DAVID DOUGLAS
EX PARTE: GRAHAM LINDSAY STARKEY
PINCUS J. 20 JULY 1987
REASONS FOR JUDGMENT
This is an application by a trustee of a deed of
assignment under Part X of the Bankruptcy Act for a declaration
that a certain bill of sale be declared void. The application is made under s.120, and alternatively under s.122, of the Bankruptcy Act and 1s opposed. The points involved, as will appear, are
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