Federal Court of Australia
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JUDGMENT No... |..2..7in. 2%
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CATCHWORDS BANKRUPTCY -~ Cash given to daughter of bankrupt to buy property of bankrupt - whether settlement within section 120(1) Bankruptcy Act -
-whether money given to daughter by bankrupt to pay for the property amounts to "valuable consideration" for purposes of section 120 - sham
transaction - gift.
Bankruptcy Act 1966 - ss 58, 116, 120(1), 120(8)
Re DAVID CHARLES ROSS
Ex parte OFFICIAL TRUSTEE IN BANKRUPTCY
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No. W 18 of 1987
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EINFELD J.
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\\\_ BEDERAL COURT OF ' AUSTRALIA
PRINCIPAL REGISTRY
21 January 1988
Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
No. W18 of 1987
OF NEW SOUTH WALES AND
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) ) ) THE AUSTRALIAN CAPITAL TERRITORY )
Re: DAVID CHARLES ROSS
The Bankrupt
Ex Parte OFFICIAL TRUSTEE IN BANKRUPTCY
Trustee of the Estate of the of the Bankrupt
CORAM: Einfeld J.
DATE: 21 January 1988
PLACE: Sydney
MINUTE OF ORDERS
1. Order that the goods particularised in the amended Application of Daniel Joseph Noel Bluett for the Official Trustee in Bankruptcy, dated 6 March are and have at all times since early April 1986 been the property of the applicant, Corina
Mulholland, and not the property of the bankrupt.
2. Order the respondent to pay the applicants' costs.
NOTE: Settlement and entry of these orders are dealt with in rule 124
of the Bankruptcy Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
OF NEW SOUTH WALES AND
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) No. W 18 of 1987 ) ) ) )
THE AUSTRALIAN CAPITAL TERRITORY
Re: DAVID CHARLES ROSS
The Bankrupt
Ex Parte OFFICIAL TRUSTEE IN BANKRUPTCY
Trustee of the Estate of the of the Bankrupt
CORAM: Einfeld J.
DATE: 21 January 1988
PLACE: Sydney
REASONS FOR JUDGMENT
This is an application by the bankrupt, David Charles Ross, and his daughter Corina Mulholland ("the daughter") (together called "the applicants") seeking a declaration that the goods particularised in the application of Daniel Joseph Noel Bluett, for the Official Trustee in Bankruptcy, dated 6 March 1987, are and have since early April 1986 been
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