Re: Harris (bankrupt); Ex Parte: Official Trustee in Bankruptcy v Harris [1996] FCA 1205

IN_THE FEDERAL COURT OF AUSTRALIA )

BANKRUPTCY DISTRICT ) No. NB 429 of 1993 OF THE STATE OF NEW SOUTH WALES )

Re: GRAEME JOHN HARRIS

Bankrupt Ex parte: OFFICIAL TRUSTEE IN BANKRUPTCY Applicant

And: GRAEME JOHN HARRIS First Respondent

ALPHEGA FRENCHS FOREST PTY LIMITED Second Respondent

ALPHEGA MANAGEMENT SERVICES Pry LIMITED Third Respondent

KERRY BLAKEMAN Fourth Respondent

21 SAN 2003

> LIBRARY REASONS FOR JUDGMENT EINFELD J SYDNEY , 24 JUNE 1996

By an amended application filed on 7 May 1996, the Official Trustee sought one declaration, three orders apart from costs and, as an alternative, the issue of a warrant for the arrest of the bankrupt. The subject matter involved is the ownership of a

1986 Porsche 911 convertible (the vehicle) with engine and

-2- chassis numbers and originally a registration number as set out in the application. In the course of the hearing today, orders 3 and 4 were not pressed. Accordingly the matters for resolution are whether a declaration should be made that the vehicle vests and has vested since bankruptcy in the Official

Trustee as trustee of the bankrupt's estate, and whether there should be an.order that such of the respondents as are in possession of the vehicle deliver possession of it to the

Official Trustee.

It appears from the evidence that the bankrupt, Dr Harris, was the original owner of the vehicle when it was purchased at some time not later than April 1992. At the time he entered into an asset purchase agreement with AGC and apparently made the initial instalment payments under the agreement. On 24 February 1993 Harris was made bankrupt and some 8 months later was

engaged as the medical director of the second respondent, Alphega Frenchs Forest Pty Limited (Alphega). Part of his employment agreement was that he would be provided with a suitable car to enable him to carry out his obligations in the