Pattison, Paul A (as Trustee of the Property of Gabor Horvath & Anor, Bankrupts) v Horvath, Gabor & Ors [1998] FCA 942

FEDERAL COURT OF AUSTRALIA BANKRUPTCY – property divisible amongst creditors – claim by son of bankrupts to ownership of motor vehicle - whether motor registration a record of title in Victoria – claim by alleged purchaser of assets of bankrupts' partnership business -

WORDS AND PHRASES – "registered owner"

Bankruptcy Act 1966 (Cth) ss 116, 120

Skywillow Pty Ltd v Chief Commissioner for Stamp Duties (NSW) (1993) 93 ATC 4202 followed Precision Plastics Pty Ltd v Demir (1975) 132 CLR 363 followed

PAUL A PATTISON (AS TRUSTEE OF THE PROPERTY OF GABOR HORVATH AND AGOTA HORVATH, BANKRUPTS) v GABOR HORVATH AND OTHERS NO. VG 7812 of 1997 JUDGE: HEEREY J DATE: 6 AUGUST 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7812 of 1997

BETWEEN: PAUL A PATTISON (AS TRUSTEE OF THE PROPERTY OF GABOR HORVATH AND AGOTA HORVATH, BANKRUPTS)

Applicant

AND: GABOR HORVATH

first respondent

AGOTA HORVATH

second Respondent

gabor horvath junior

third respondent

julijana iveges

fourth respondent

JUDGE: HEEREY J

DATE OF ORDER: 6 august 1998

WHERE MADE: MELBOURNE

THE COURT declares THAT: 1. Items 15, 56 and 62-67 in the applicant's inventory of seized items are the property of the third respondent. 2. The plant and equipment purportedly sold to the fourth respondent on 1 July 1994 is property of the first and second respondents divisible amongst their creditors within the meaning of s 116 of the Bankruptcy Act 1966 (Cth). 3. The applicant pay the third respondent any loss of wages or other expenses incurred in connection with the application. 4. The fourth respondent pay the costs of the applicant of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.