Federal Court of Australia
UDGMENT Nov snd nn j22.
CATCHWORDS
BANKRUPTCY - Application to set aside mortgages pursuant to s 121 and s 122 of the Bankruptcy Act - solvency of debtor - duty of mortgagor to conduct investigations when put on notice regarding solvency of debtor - good faith of mortgagee in taking out mortgage with debtor - inference
of intention of defraud creditors pursuant to s 121 - meaning of bona
fide under s 122(2).
Bankruptcy Act 1966 - ss 121, 122(1), 122(2)
Re STEPHEN ABRAHAMS
Ex parte HUGH CHARLES THOMAS and AGC (FACTORS) LIMITED
No. W290 of 1982
EINFELD J.
A RECEIVED 29 JANI988
\s FEDERAL COURT OF '
22 January 1988 Sydney
AUSTRALIA
PRINCIPAL REGISTRY
sesame
protce
a te ve?
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
No. W290 of 1982
OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
CORAM:
DATE:
PLACE:
NOTE:
ne ee ee ee ee mses
w ()
STEPHEN ABRAHAMS
ears ase,
The Bankrupt
Ex Parte HUGH CHARLES THOMAS
Applicant And AGC (FACTORS) LIMITED
Respondent
Einfeld J. 22 January 1988
Sydney
MINUTE OF ORDERS
Order that the mortgage dated 19 June 1981 over the land comprised in Certificate of Title Volume 10769 Folio 242 is void
as against the trustee. a
Order that the mortgage dated 2 December 1981, over the land 4 comprised in Certificate of Title Volume 12520 Folio 47 is void
as against the trustee in the bankruptcy. -
Order the respondent to pay the applicant's costs.
Settlement and entry of these orders are deait with in rule 124
of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
No. W290 of 1982
OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
ee wee
CORAM:
DATE:
PLACE:
This is
Stephen
(a)
(b)
Re: STEPHEN ABRAHAMS The Bankrupt
Ex Parte HUGH CHARLES THOMAS
Applicant
And AGC (FACTORS) LIMITED
Respondent Einfeld J.
22 January 1988
Sydney
REASONS FOR JUDGMENT
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