Norton, Michael Norman v Halse, Alden Jon as Trustee for the Bankrupt Estate of Payne, Neville Ross & Anor [1996] FCA 403

C A T C H W O R D S BANKRUPTCY - settlement - fraudulent disposition - application to set aside s.139ZQ notice - onus of proof - whether applicant under s.139ZS has an evidentiary onus - whether, once that onus is satisfied, respondent has burden of proving matters relied upon in notice - notice challenged applicant's good faith - applicant's good faith conceded at hearing - whether applicant was a purchaser for valuable consideration. Bankruptcy Act 1966 (Cth) ss.120, 121, 139ZQ, 139ZS Purkess v. Crittenden (1965) 114 CLR 164 Barton v. Official Receiver (1986) 161 CLR 75 Official Trustee v. Mitchell (1992) 38 FCR 364 Official Receiver v. Barton (1983) 52 ALR 95 P.T. Garuda Indonesia Ltd v. Grellman (1992) 35 FCR 515 Cannane & Anor v. Official Trustee (unreported Full Court, 22 March 1996 No. 179 of 1996) Century 21 (South Pacific) Pty Ltd (In liq) v. Century 21 Real Estate Corporation & Anor (unreported Burchett J, 21 March 1996 No. 170 of 1996) MICHAEL NORMAN NORTON v. ALDEN JON HALSE as Trustee for the Bankrupt Estate of NEVILLE ROSS PAYNE and THE OFFICIAL RECEIVER for the State of Western Australia No. 1528 of 1992 CARR J PERTH 29 MAY 1996

IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) No. 1528 of 1992 OF THE STATE OF ) WESTERN AUSTRALIA ) B E T W E E N : MICHAEL NORMAN NORTON Applicant and ALDEN JON HALSE as Trustee for the Bankrupt Estate of NEVILLE ROSS PAYNE First Respondent and THE OFFICIAL RECEIVER for the State of Western Australia Second Respondent CORAM: CARR J. PLACE: PERTH DATE: 29 MAY 1996 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The notice dated 13 May 1994 (and amended on 27 February 1995), served by the second respondent upon the applicant, be set aside. 2. The first respondent pay the applicant's costs, including any reserved costs. 3. The question whether the applicant should, upon taxation of his costs, recover the costs of any affidavits filed but not admitted into evidence, is to be reserved to the District Registrar or the Deputy Registrar taxing those costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.