Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Issitch v Worrell [2000] FCA 477 BANKRUPTCY - appellant received $20,000 from bankrupt to use towards the construction of a house on property owned by the appellant at Wishart - appellant spent money on herself instead, contrary to the bankrupt's instructions - at a later date she used $20,000 of her own money towards the construction of the house - was appellant unjustly enriched at the bankrupt's expense? - appellant used $20,000 of her own money to pay off credit loan which she had taken out to further fund construction of the house - unconscionable for appellant to retain the bankrupt's $20,000 when judgment was given against her
Bankruptcy Act 1966 (Cth) ss 120, 121, 122, 153B Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules O 11 r 8(2)
Re Skaff; Ex parte Farrow Mortgage Services Pty Ltd (1993) 41 FCR 331 cited Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 referred to Lodder v Slowey [1904] AC 442 referred to Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 referred to International Leasing Corp (Vic) Ltd v Aiken [1967] 2 NSWR 427 referred to Way v Latilla [1937] 3 All ER 759 referred to MR Hornibrook (Pty) Ltd v Eric Newham (Wallerawang) Pty Ltd (1971) 45 ALJR 523 referred to In re Morgan (1887) 35 Ch D 492 referred to Delfino v Trevis (No 1) [1963] NSWR 191 referred to Brailsford v Tobie (1888) 10 ALT 194 applied Ashmore v Corporation of Lloyd's [1992] 1 WLR 446 referred to UTSA Pty Ltd v Ultra Tune Australia Pty Ltd (1996) 21 ACSR 457 referred to Brady v Stapleton (1952) 88 CLR 322 referred to Official Trustee in Bankruptcy v Alvaro (1996) 66 FCR 372 referred to Ebner v Official Trustee in Bankruptcy (1999) 161 ALR 557 referred to David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 discussed Wirth v Wirth (1956) 98 CLR 228 discussed Calverley v Green (1984) 155 CLR 242 referred to Re Australian Elizabethan Theatre Trust (1991) 30 FCR 491 cited News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 referred to
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