Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Donnelly v McIntyre [1999] FCA 450
BANKRUPTCY - whether particular property is vested in the trustee of the bankrupt estate pursuant to s 58 Bankruptcy Act 1966 (Cth) - newsagency business previously owned by bankrupt transferred to bankrupt's niece - bankrupt maintained central role in the daily operation of the business - whether certain dealings concerning the business and its assets were voidable settlements - whether surrender of leasehold interest by bankrupt coupled with the granting of a new lease to the bankrupt's niece constituted a disposition of property - whether acquisition of the leasehold interest by the bankrupt's niece was for valuable consideration and in good faith - intention of parties in regard to the surrender of the lease - whether sale agreement vested title to assets of the business in the bankrupt's niece - emphasis on substance and not form of transaction.
Bankruptcy Act 1966 (Cth) ss 58, 120, 121 Official Receiver v Delaton Pty Ltd (1996) 130 FLR 207 ICI Australia Ltd v Commissioner of Taxation (1996) 68 FCR 144 Caddy v McInnes (1995) 58 FCR 570
MAX CHRISTOPHER DONNELLY (THE TRUSTEE OF THE PROPERTY OF LESLIE JOHN KING, A BANKRUPT) v DONNA McINTYRE, FARNDALE HOLDINGS PTY LIMITED, LESLIE JOHN KING NG 7558 OF 1998 MOORE J 15 APRIL 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7558 OF 1998
BETWEEN: MAX CHRISTOPHER DONNELLY (THE TRUSTEE OF THE PROPERTY OF LESLIE JOHN KING, A BANKRUPT)
Applicant
AND: DONNA McINTYRE
First Respondent
FARNDALE HOLDINGS PTY LIMITED
Second Respondent
LESLIE JOHN KING
Third Respondent
JUDGE: MOORE J
DATE OF ORDER: 15 APRIL 1999
WHERE MADE: SYDNEY
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