Donnelly v Johnson [1999] FCA 1662

FEDERAL COURT OF AUSTRALIA

Donnelly v Johnson [1999] FCA 1662 BANKRUPTCY – transfer by bankrupt of real property – transferee former de facto spouse of bankrupt – whether transfer void as against trustee of bankrupt estate – contracts – whether contract for sale of property for full value entered into – trusts – whether resulting trust of property arose – whether constructive trust of property should be declared or imposed – liens – whether transferee held vendor's lien over property until transfer of property by bankrupt – whether finding of vendor's lien available on pleadings – whether transferee to be regarded as having given consideration not less than market value of property – consequences of settlement and transfer Bankruptcy Act 1966 (Cth) ss 120, 121, 122 De Facto Relationships Act 1984 (NSW) Real Property Act 1900 (NSW) s 36(11) Conveyancing Act 1919 (NSW) s 54A Calverley v Green (1984) 155 CLR 242 cited Muschinski v Dodds (1985) 160 CLR 583 cited Baumgartner v Baumgartner (1987) 164 CLR 137 cited Hewett v Court (1983) 149 CLR 639 referred to

MAX CHRISTOPHER DONNELLY v MARK ANTHONY JOHNSON N 7524 OF 1999

LEHANE J 29 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7524 OF 1999

BETWEEN: MAX CHRISTOPHER DONNELLY

Applicant

AND: MARK ANTHONY JOHNSON

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 29 NOVEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant file and serve, not later than 6 December 1999, short minutes of the orders which he submits should be made in the light of the reasons for judgment published on 29 November 1999. 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 N 7524 OF 1999