Federal Court of Australia
JUDGMENT No. 92.37.38. Lez cArcHWORDS
Bankruptcy — Application by trustee pursuant to ss.120 and 121 of Bankruptcy Act - transfer by bankrupt of interest in jointly owned matrimonial house property to spouse prior to bankruptcy —- payment of arrears and discharge of mortgage by spouse - consideration real and substantial not nominal, trivial or colourable ~ transfer in good faith for valuable consideration -
transfer not fraudulent.
Bankruptcy Act 1966
Barton v. Official Receiver (1986) 66 A.L.R. 355
(1984) 58 A.L.R. 325 Downs Distributing Co. Pty Ltd v. Associated Blue Star Stores Pty Ltd (in big.) (1948) 76 C.L-R. 463
No. 350 of 1983
Re: RAYMOND JOHN WYTKIN ex parte: BRENDA EVELYN WYTKIN
FORSTER, J. ADELAIDE
2 OCTOBER, 1987
~6.0CT 1987
FEDERAL Court or [12 AUSTRALIA PRINCIPAL REGISTRY a
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
eee Ss Se
350 of 1983
RAYMOND JOHN WYTKIN
BRENDA EVELYN WYTKIN
GENERAL DIVISION No. BANKRUPTCY DISTRICT OF THE STATE OF SOUTH AUSTRALIA
Re:
Ex parte: JUDGE MAKING ORDER 3 FORSTER J. WHERE MADE 3 ADELAIDE DATE OF ORDER : 2 OCTOBER, 1987 THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of order is
Bankruptcy Rule 124.
dealt with
in
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
) ) GENERAL DIVISION ) No. 350 of 1983 ) BANKRUPTCY DISTRICT OF THE STATE )
)
)
OF SOUTH AUSTRALIA
Re: RAYMOND JOHN WYTKIN
Ex parte : BRENDA EVELYN WYTKIN
REASONS FOR JUDGMENT FORSTER J. 3;
This is an application by the Official Receiver for and on behalf of the Official Trustee as trustee of the estate of Raymond John Wytkin ("the bankrupt") pursuant to ss. 120(1) and 121 of the Bankruptcy Act 1966. The disposition of property which it is sought to have declared void as against the trustee is the transfer on 31 March 1982 by the bankrupt of his share in a house property the matrimonial home ("the property") to his wife, Brenda Evelyn Wytkin ("Wytkin") with whom he jointly owned
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