Federal Court of Australia
*__JHUDGMENT No. SS14 81.
CATCHWORDS BANKRUPTCY - Preference - Goods supplied to clothing retailer - Price payable 90 days after delivery - Account in arrears - Allegation that agreement subsequently made that
property in goods revert to supplier until payment effected - Possession of goods taken by supplier - Whether a transfer of property - Whether transfer void as against trustee under deeds of assignment.
Bankruptcy Act 1966 (Cth), ss.122, 231
Re ANN BARBARA BENFORD and ORS, Debtors Ex parte ROSS STEWART NORGARD, Applicant
BERKELEY APPAREL PTY LTD, Respondent
WA 191 of 1984X
Neaves J. 21 October 1987
Sydney
FEDERAI Goupr on 7
SUSTR ALLA, ott
FED
G IVISTIO
BANKRUPTCY DIS (e) STATE OF WESTERN AUSTRALIA
OURT OF AUSTRALIA
No. WA 191 of 1984xX
weve wewvervrvwr
Re: ANN BARBARA BENFORD, RONALD BENFORD and JAMES ELLIOTT SMALL
Debtors Ex parte: R s T_NORGARD Applicant BERKELEY APPAREL PTY LTD Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : 21 October 1987 WHERE MADE : Sydney QURT - 1. Declares that a transfer of property from the
Note:
debtors, Ann Barbara Benford. Ronald Benford and James Elliott Small, to the respondent , Berkeley Apparel Pty Ltd, was effected on 26 November 1984
when the respondent took possession from the premises at which the business of Connoisseurs Suit
Shop was being carried on of 230 suits and 144 sports coats.
Declares that the transfer is void as against the applicant, Ross Stewart Norgaard, by virtue of the operation of 88.122 and 231 of the
1966 (Cth).
Orders that the respondent pay to the applicant within 21 days from the date of this order the sum of $49,384.30.
Orders that the respondent pay the applicant's costs of the application.
Settlement and entry of orders is dealt with in rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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