Re Morris, Theodore Constantine Ex Parte Donnelly, Max Christopher as trustee of the Bankrupt Estate of T C Morris v Colonial Mutual Life Assurance Society Ltd & Ors (No 3) [1997] FCA 944

FEDERAL COURT OF AUSTRALIA Restitution - bankruptcy - conversion of bank cheques - whether moneys were the property of a bankrupt at the time of sequestration - whether bank cheques were purchased by a bankrupt using the proceeds of sale of a property jointly owned by the bankrupt - whether bona fide purchase defence available - change of position.

Bankruptcy Act 1966 - s 81 Conveyancing Act 1919 (NSW) - s 37A Thomas v Hatzipetros, Supreme Court of New South Wales, Hodgson J, 23 June 1997, unreported - approved Australia and New Zealand Banking Group Limited v Westpac Banking Corporation (1988) 164 CLR 662 - approved David Securities Pty Limited v Commonwealth Bank of Australia (1992) 175 CLR 353 - approved Goff and Jones, The Law of Restitution, Ch 41 RE MORRIS; EX PARTE: MAX CHRISTOPHER DONNELLY AS TRUSTEE OF THE BANKRUPT ESTATE OF T C MORRIS v COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED & ORS No. NB 3283 of 1993 REASONS FOR JUDGMENT (No. 3) JUDGE: Beaumont J PLACE: Sydney DATE OF JUDGMENT: 15 August 1997 DATE OF ORDER: 8 September 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NB 3283 of 1993

RE: THEODORE CONSTANTINE MORRIS

EX PARTE: MAX CHRISTOPHER DONNELLY AS TRUSTEE OF THE BANKRUPT ESTATE OF T C MORRIS

APPLICANT

AND: COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED

FIRST Respondent

MONARTH PTY LIMITED

SECOND RESPONDENT

(Ordered to be struck out by order of the Court on 7 August 1997) CEDRIM PTY LIMITED

THIRD RESPONDENT

(Ordered to be struck out by order of the Court on 7 August 1997) LOUIS CONSTANTINE MORRIS

FOURTH RESPONDENT

(Ordered to be struck out by order of the Court on 7 August 1997) ENID ROSLYN SIVELL (WHITBREAD)