Federal Court of Australia
JUDGMENT No. 2> . 7.38...
CATCHWORDS
Bankruptcy - purchase of land in name of company controlled by the bankrupt - capacity in which bankrupt entered into
contract of sale - whether the purchase of tha land constituted a settlement of property by the bankrupt to the company - whether thea settlement was made For valuables
consideration - natura of valuable rconsideraticn.
o the company by
Whether payment of moneys by the bankrupt t land comstituted a
way of part payment of purchase gorics of settlement of property - whether such money was money of the Bankrupt - onus of proof. Bankruptcy Act 1366 35.3,115,120 Re: JOE DE FAZIO, Bankrupt Ex parte: THE OFFICIAL TRUSTER IN BANKRUPTCY (as trustee of the property of Joe De Fazio, a bankrupt) Applicant and EOQURTH GOZBARR PTY. LTD. Respondent
NORTHROP 3. — 22 FEBRUARY 1382 NON ea 1s
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA ) }
EXERCISING FEDERAL JURISDICTION ) No. 197 of 1986 )
IN BANKRUPTCY
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
Re: JOE DE FAZIO A Bankrupt
Ex Parte: THE OFFICIAL TRUSTEE IN BANKRUPTCY {as trustee of the property of
Joe De Fazio, a Bankrupt) Applicant and POURTH GOCBARB PTY. LTD. Respondent
COURT: NORTHROP J.
DATE : 22 FEBRUARY 1988
PLACE: MELBOURNE
MINUTE OF ORDER
THE COURT ORDERS THAT the application be dismissed with costs to be taxed.
(This order 15 to be settled and filed in accordance with rule 124 of the Bankruptcy Rules.)
IN THE FEDERAL COURT OF AUSTRALIA ) )
EXERCISING FEDERAL JURISDICTION ) No. 197 of 1986 ) )
IN BANKRUPTCY BANKRUPTCY DISTRICT OF THE STATE OF JTCTORIA
Re: JOE DE FAZIO A Bankrupt
Ex Parte: THE OFFICIAL TRUSTER IN BANKRUPTCY fas trustee of the property of
Joe De Fazio, a Sankrupt) Applicant and FOURTH GOZBARB PTY. LTD. Respondent
COURT: NCRTHROP dg.
DATE : 22 FEBRUARY 1988
PLACE: MELBOURNE
REASONS FOR JUDGMENT
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