Norgard (Trustee), in the matter of Connell (deceased) v Hayhillock Pty Ltd [1999] FCA 1280

FEDERAL COURT OF AUSTRALIA

Norgard (as Trustee), In the Matter of Connell (Deceased) v Hayhillock Pty Ltd [1999] FCA 1280

BANKRUPTCY – disposition with intent to defraud creditors – Trustee's claim to set aside disposition under s 121 – interim undertaking of the transferee not to dispose of property – alleged compromise between Trustee and transferee of claim – compromise disputed by Trustee – pending proceedings in Supreme Court – transferee obtaining purchaser – application for release from undertaking subject to retention of proceeds of sale – principles upon which injunctive relief granted under s 30(1)(b) – analogy with Mareva injunctions – Mareva principles not determinative – purposes of the Act requiring maintenance of undertaking.

Bankruptcy Act 1966 (Cth) ss 30, 121

Brady v Stapelton (1952) 88 CLR 322, cited

Re Bayliss; Ex parte Official Trustee in Bankruptcy (1987) 73 ALR 455, cited

Re Hepburn; Ex parte Deputy Commissioner of Taxation (Applicant); Hepburn (Respondent) (Unrep, Fed Court, 10 July 1989, Hill J), cited

RE LAWRENCE ROBERT CONNELL (DECEASED) EX PARTE: ROSS STEWART NORGARD (TRUSTEE OF THE ESTATE OF THE DECEASED) v HAYHILLOCK PTY LTD (ACN 009 273 509) and REGISTRAR OF TITLES

WG 7008 of 1996

FRENCH J

14 SEPTEMBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 7008 OF 1996

BETWEEN: RE: LAWRENCE ROBERT CONNELL (DECEASED)

EX PARTE: ROSS STEWART NORGARD (TRUSTEE OF THE ESTATE OF THE DECEASED)

Applicant

AND: HAYHILLOCK PTY LTD (ACN 009 273 509)

First Respondent

REGISTRAR OF TITLES

Second Respondent

JUDGE: FRENCH J

DATE OF ORDER: 14 SEPTEMBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The motion is dismissed. 2. The First Respondent is to pay the Applicant's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.