Re in the Estate of Roma Bivone Ex Parte Official Trustee in Bankruptcy & Ors Re in the Estate of Roma Bivone Ex Parte Domenic Christopher & Ors [1997] FCA 465

CATCHWORDS Bankruptcy - whether memorandum of transfer by the bankrupt is void against the Official Trustee as a transfer to defeat creditors - factual issues only involved Bankruptcy Act 1966 (Cth), s 121 Matter No. SB 739 of 1995 RE: IN THE ESTATE OF ROMA BIVONE Ex Parte: THE OFFICIAL TRUSTEE IN BANKRUPTCY and DOMENIC CHRISTOPHER BARBARO and ANTONIA BIVONE and RE: IN THE ESTATE OF ROMA BIVONE Ex Parte: DOMENIC CHRISTOPHER BARBARO and ANTONIA BIVONE and THE OFFICIAL TRUSTEE IN BANKRUPTCY von Doussa J Adelaide 30 May 1997

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA No. SB 739 of 1995 DISTRICT REGISTRY GENERAL DIVISION Re: IN THE ESTATE OF ROMA BIVONE Ex Parte: THE OFFICIAL TRUSTEE IN BANKRUPTCY Applicant And: DOMENIC CHRISTOPHER BARBARO and ANTONIA BIVONE Respondents MINUTES OF ORDER JUDGE MAKING ORDER : VON DOUSSA J WHERE MADE : ADELAIDE DATE ORDER MADE : 30 MAY 1997 THE COURT ORDERS THAT: 1. Declaration that the memorandum of transfer dated 15 March 1995 between the bankrupt Roma Bivone as transferor and Domenic Christopher Barbaro and Antonia Bivone as transferees is void as against the Official Trustee in Bankruptcy. 2. Declaration that the Official Trustee in Bankruptcy is entitled to the sum of $22,190.87 being the proceeds of sale of the bankrupt's one third interest in the house property at 20 Corcoran Avenue, Goolwa Beach in the State of South Australia being the whole of the land comprised in Certificate of Title Register Book Volume 2642 Folio 144. 3. The respondents pay the costs of the Official Trustee in Bankruptcy of and incidental to this application. Note: Settlement and orders are dealt with by Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA No. SB 739 of 1995 DISTRICT REGISTRY GENERAL DIVISION Re: IN THE ESTATE OF ROMA BIVONE A Bankrupt Ex Parte: DOMENIC CHRISTOPHER BARBARO and ANTONIA BIVONE Applicants And: THE OFFICIAL TRUSTEE IN BANKRUPTCY Respondent MINUTES OF ORDER JUDGE MAKING ORDER : VON DOUSSA J WHERE MADE : ADELAIDE DATE ORDER MADE : 30 MAY 1997 THE COURT ORDERS THAT: 1. The application dated 20 September 1996 be dismissed. 2. The applicants pay the respondent's costs of and incidental to this application. Note: Settlement and orders are dealt with by Order 36 of the Federal Court Rules.