Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
bankruptcy Ð lease granted by applicant to bankrupt and bankruptÕs family where property the subject of lease had been transferred from bankrupt to applicant Ð transfer declared void as against trustee Ð lease granted after commencement of bankruptcy but prior to declaration of void transfer Ð lease not a sham Ð whether lease void as against trustee Ð discussion of sections 115 and 121 Bankruptcy Act 1966 (Cth).
Bankruptcy Act 1924 (Cth) Ð ss 52(b), 94, 95, 96, 96A, 96B Bankruptcy Act 1966 (Cth) Ð ss 58, 115, 116, 120, 121, 122, Fraudulent Conveyances Act 1571 (Eng) (13 Eliz 1, c 5) Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 18 FCR 449 cited Snook v London & West Riding Investments Ltd [1967] 2 QB 786 cited Higgins v The York Buildings Company [1740] 2 Atk 107; 26 ER 467 referred to Ideal Bedding Company, Limited v Holland [1907] 2 Ch 157 cited PT Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515 referred to Brady v Stapleton (1952) 88 CLR 322 cited Morewood v South Yorkshire Railway & River Dun Co (1858) 3 H & N 798 cited Barton v Official Receiver (1984) 4 FCR 380 at 386, 389 and 397 referred to Baker v Official Trustee in Bankruptcy (unreported, Full Federal Court, Burchett, Ryan and Carr JJ, 3 August 1995) distinguished In Re Pollitt; Ex Parte Minor [1893] 1 QB 455 cited In Re Gunsbourg [1920] 2 KB 426 discussed, distinguished Re Aley; Ex parte Sweeney & Aley (1996) 63 FCR 294 cited ANDREW CRAIG ASHTON v MAXWELL WILLIAM PRENTICE & ORS NG 8183 of 1997 HILL J SYDNEY 11 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DISTRIBUTION
NEW SOUTH WALES DISTRICT REGISTRY NG 8183 of 1997
BETWEEN: andrew craig ashton
Applicant
AND: maxwell william prentice
Respondent
MAXWELL WILLIAM PRENTICE
Cross Claimant
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