Ashton v Prentice, in the matter of Jury (No 2) [1999] FCA 1556

FEDERAL COURT OF AUSTRALIA

Ashton v Prentice, in the matter of Jury (No. 2) [1999] FCA 1556

BANKRUPTCY - transfer to defeat creditors - transferee finances acquisition by mortgage of transferred property - whether payment by trustee to transferee's mortgagees of amount equal to value of consideration given by transferee for transferred property satisfies subs 121(5) of Bankruptcy Act 1966 (Cth) - whether interest and other loan charges paid by transferee to mortgagees and rates paid by transferee to local government bodies constitute "consideration" within subs 121(5).

PRACTICE AND PROCEDURE - whether Full Court should vary orders disposing of appeal by reason of trustee's claim to be subrogated to mortgagees' rights against transferee, based on trustee's discharge of mortgage subsequent to disposition of appeal.

Bankruptcy Act 1966 (Cth) ss 121(1), 121(4)(a), 121(5)

Rogers v Resi-Statewide Corporation Limited (No 2) (1991) 32 FCR 344, cited IN THE MATTER OF ERIC ABRAHAM JURY; ANDREW CRAIG ASHTON v MAXWELL WILLIAM PRENTICE

NG 1406 OF 1998 RYAN, HEEREY & KATZ JJ 11 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1406 of 1998

IN THE MATTER OF ERIC ABRAHAM JURY; BETWEEN: ANDREW CRAIG ASHTON

Appellant

AND: MAXWELL WILLIAM PRENTICE

Respondent

JUDGES: RYAN, HEEREY & KATZ JJ

DATE OF ORDER: 11 NOVEMBER 1999

WHERE MADE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. Both motions be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1406 of 1998

IN THE MATTER OF ERIC ABRAHAM JURY; BETWEEN: ANDREW CRAIG ASHTON

Appellant

AND: MAXWELL WILLIAM PRENTICE

Respondent