Re Harris, Graeme John; Ex Parte Alphega Frenchs Forest Pty Ltd & Anor [1997] FCA 628

catchwords BANKRUPTCY - restitution - unjust enrichment - mistaken belief - recovery from trustee of monies paid by third party pursuant to hire purchase agreement - asset vested in trustee - whether payments made in mistaken belief that asset vested in applicant - burden on applicant to prove mistaken belief - absence of evidence Pavey & Mathews Pty Limited -v- Paul [1987] 162 CLR 221 Australia and New Zealand Banking Group Limited -v- Westpac Banking Corp [1988] 164 CLR 662 David Securities Pty Limited & Ors -v- Commonwealth Bank of Australia [1992] 109 ALR 57 Re Graeme John Harris; Ex parte ALPHEGA FRENCHS FOREST PTY LTD and Official Trustee in Bankruptcy No. NB 429 of 1993 EINFELD J SYDNEY 6 JUNE 1997

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No.NB429 of 1993 BANKRUPTCY DIVISION ) Re:GRAEME JOHN HARRIS Bankrupt Ex parte:ALPHEGA FRENCHS FOREST PTY LTD Applicant And: OFFICIAL TRUSTEE IN BANKRUPTCY Respondent MINUTE OF ORDERS The Court orders that: 1. The application be dismissed. 2. The costs of the trustee, including any reserved costs, be paid by the applicant. Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY 6 JUNE 1997 IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No.NB429 of 1993 BANKRUPTCY DIVISION ) Re:GRAEME JOHN HARRIS Bankrupt Ex parte:ALPHEGA FRENCHS FOREST PTY LTD Applicant And: OFFICIAL TRUSTEE IN BANKRUPTCY Respondent REASONS FOR JUDGMENT EINFELD J SYDNEY 6 JUNE 1997