Re Jacka, J.N. v. Ex parte The Official Trustee in Bankruptcy [1988] FCA 150

YUDGMENT No.l SO SB.

CATCHWORDS

BANKRUPTCY - trust formed in anticipation of bankruptcy - held a sham - held bankrupt beneficial owner of moneys in trust.

Bankruptcy Act 1966, ss.116, 120, 121

Re: Joy Naomi Jacka Ex Parte: The Official Trustee in Bankruptcy

Qld E781 of 1985

PINCUS J. BRISBANE 10 MARCH 1988

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

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QLD E781 of 1985

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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RE: JOY NAOMI JACKA

Bankrupt

EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY (as trustee of the estate of JOY NAOMI JACKA, a Bankrupt)

Applicant KAREN BEVERLEY McMILLAN

First Respondent TANGERINE PTY LIMITED

Second Respondent

SHELLEY LU JACKA

Third Respondent

PINCUS J. 10 MARCH 1988

REASONS FOR JUDGMENT

The Official Trustee in Bankruptcy applies for declarations and orders which may be generally described as being attempts to recover property alleged to have been disposed of by the bankrupt in anticipation of her bankruptcy. The bankrupt

attained that status by presenting her own petition on 24 October 1985. The respondents to the trustee's application, apart from

the bankrupt herself, are two daughters, Karen Beverley McMillan

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

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QLD E781 of 1985

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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RE: JOY NAOMI JACKA

Bankrupt

EX PARTE: THE OFFICIAL TRUSTER IN BANKRUPTCY (as trustee of the estate of JOY NAOMI JACKA, a Bankrupt)

Applicant KAREN BEVERLEY McMILLAN

First Respondent TANGERINE PTY LIMITED

Second Respondent

SHELLEY LU_JACKA

Third Respondent

MINUTES OF ORDER .

JUDGE MAKING ORDER: PINCUS J. DATE OF REASONS: 10 MARCH 1988 DATE OF ORDER: 8 APRIL 1988 WHERE MADE: BRISBANE

THE COURT:

1. DECLARES that the land described as Lot 411 on Registered Plan No. 151590, County of Ward, Parish of Gilston, containing 840 sqm and being land contained in Certificate of Title Volume 5595 Folio 247 is beneficially owned by the Applicant Trustee subject to registered Bill of Mortgage No. H528536;