Official Trustee in Bankruptcy v. Ross, D.C. & Ors [1988] FCA 240

woe B40 [a va

CATCHWORDS

- avoidance of settlement under 8.120(1)(a) - $5000 tandi tionally given by bankrupt to his daughter to enable her then to purchase works of art, motor car and other goods from him - whether she was a "purchaser ... for valuable consideration" - whether the transaction should be dissected into a gift and a purchase, or be seen as a_ whole - whether the motor vehicle was "necessary household property".

Bankruptcy Act 1966, ss8.116(2)(b), 120(1)(a)

OFFICIAL TRUSTEE IN BANKRUPTCY v. DAVID CHARLES ROSS AND CORINA MULHOLLAND

G162 of 1988

Morling, Wilcox and Burchett J. 2 June 1988

Sydney

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTO0ON == #& © © © © © BANRRUPTCY DISTRICT OF THE STATE

Li AN TTORY

No. G162 of 1988

) ) ) OF NEW SOUTH WALES AND THE =~ ~~) ) ) )

On appeal from a Judge of the Federal Court of Australia

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

Appellant

AND: DAVID CHARLES ROSS AND CORINA MULHOLLAND

Respondents MINUTE OF ORDERS

Judges Making Orders: Morling, Wilcox and Burchett JJ ere e Sydney Date of Order: 2 June 1988

THE COURT ORDERS THAT:

(1) (2)

(3)

(4)

NOTE:

The appeal be allowed.

It be declared that the goods itemised in the amended schedule to the application as numbers one to twelve inclusive (other than numbers nine, ten and eleven) are property to which the Official Trustee in Bankruptcy is entitled as trustee of the estate of the bankrupt.

The respondents deliver up within 7 days to the Official Trustee in Bankruptcy the said property to which he is so entitled.

The respondents pay the costs of the Official Trustee in Bankruptcy of the application at first instance and of the appeal.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES AND THE ~~~) bd T TTORY )