Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Official Trustee in Bankruptcy v Fodare [2000] FCA 300
BANKRUPTCY – applicationby trustee of bankrupt estate to avoid settlement of bankrupt's property – whether bankrupt was the beneficial owner of moneys used to purchase property –
TRUSTS – resulting trusts – whether the bankrupt held the purchase moneys on trust – whether the respondent company held the property on trust for the bankrupt Bankruptcy Act 1966 (Cth), ss 5(1), 30, 81, 120, 120(2), 127(3), 139ZQ, 139ZR and 139ZS Bankruptcy Legislation Amendment Act 1996 (Cth), items 93 and 208 Evidence Act 1995 (Cth), section 69 Companies Code 1981 (NSW), section 81(2) Limitation Act 1969 (NSW)
Jones v Dunkel [1959] 101 CLR 298, applied Cannane v J Cannane Pty Ltd (1998) 192 CLR 557, referred to Halse v Norton (1997) 76 FCR 389, applied Re Lehrain; Official Receiver v Frankston Timber Pty Ltd (1975) 24 FLR 407, referred to The Official Trustee v Marchiori (1983) 69 FLR 290, referred to Sharrment v Official Trustee (1988) 82 ALR 530, applied PT Garuda Indonesia Ltd v Grellman (1992) 107 ALR 199, referred to Cox v IATA (1999) 161 ALR 105 at 115, referred to Michael v Thompson (1894) 20 VLR 548, applied Pattison (As Trustee of the Estate of Robert Graham Ansett) v Crosswall (Federal Court of Australia, Northrop J, unreported, 25 March 1998), referred to Ramirez v Sandor's Trustee (Supreme Court of New South Wales, Young J, unreported, 23 April 1997), referred to
THE OFFICIAL TRUSTEE IN BANKRUPTCY v FODARE PTY LTD & ORS
NG 8446 OF 1997
FODARE PTY LTD v THE OFFICIAL RECEIVER NG 7005 OF 1998
EINFELD J
17 MARCH 2000
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8446 OF 1997
BETWEEN: THE OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF DORIS EMILY ELIZABETH MILLER
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