Pattison, Paul Anthony (As Trustee of the Estate of Robert Graham Ansett) v Crosswell, Sherrie & Ors [1998] FCA 264

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - whether bankrupt was the beneficial owner of moneys used to purchase property - whether registered owner of property held the property on a resulting trust for the Official Trustee - whether bankrupt was able to pay his debts in conformity with s 120(2). Bankruptcy Act 1966, ss 40(1), 55, 58(1), 115, 116(1), 120(2) Trade Practices Commission v Ansett Transport Industries (Operations) Pty Ltd (1978) 20 ALR 31 Briginshaw v Briginshaw (1938) 60 CLR 336 Nelson v Nelson (1995) 184 CLR 538 Official Trustee in Bankruptcy v Alvaro (1996) 138 ALR 341 PAUL ANTHONY PATTISON (AS TRUSTEE OF THE ESTATE OF ROBERT GRAHAM ANSETT) v SHERRIE CROSSWELL, ROBERT GRAHAM ANSETT and JOSEPHINE ANNE ANSETT VB 1078 of 1990 NORTHROP J MELBOURNE 25 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VB 1078 of 1990

BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA

RE: ROBERT GRAHAM ANSETT

EX PARTE: PAUL ANTHONY PATTISON (AS TRUSTEE OF THE ESTATE OF ROBERT GRAHAM ANSETT)

applicant

and: sherrie crosswell, robert graham ansett AND josephine anne ansett

respondents

court: northrop j

DATE OF ORDER: 25 MARCH 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. Either party have leave to make written submissions to the Court within 14 days if special orders with respect to costs is required. In the absence of such submissions, the Applicant will be ordered to pay the costs of the Respondent. Subject to any further order, the final orders of the Court will be dated as at the expiration of the 14 days from today. 3. That the time for any appeal be extended to 21 days from the date of any order being made with respect to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.