Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pastro v Official Trustee in Bankruptcy [2000] FCA 744 BANKRUPTCY - mortgage granted to mortgagor's brother and sister to secure previous loan - whether mortgage to sister void under s 120 or s 121 against trustee on mortgagor's subsequent bankruptcy - sister entrusting all negotiations and arrangements to co-mortgagee except execution of mortgage - whether fixed with co-mortgagee's knowledge of mortgagor's inability to pay his debts and of purpose of scheme - whether co-mortgagee agent for sister by virtue of his exercise of "tutelary" functions. Bankruptcy Act 1966, ss 120, 121
Bowstead on Agency (15th ed) Official Trustee v Mitchell (1992) 110 ALR 484 Blackburn Low and Co v Vigors (1887) 12 App Cas 531 Sargent v ASL Developments Ltd (1974) 4 ALR 257 International Harvester Co of Australia Pty Ltd v Carrigan's Hazeldene Pastoral Co (1958) 100 CLR 644
MARIA PASTRO v OFFICIAL TRUSTEE IN BANKRUPTCY the trustee of the property of RODOLFO SAVERIO PASTRO a bankrupt
S100 of 1999 RYAN, BRANSON and LEHANE JJ ADELAIDE 2 JUNE 2000
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 100 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MARIA PASTRO
Appellant
AND: OFFICIAL TRUSTEE IN BANKRUPTCY the trustee of the property of RODOLFO SAVERIO PASTRO a bankrupt
Respondent
JUDGES: RYAN, BRANSON and LEHANE JJ
DATE OF ORDER: 2 JUNE 2000
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal, such costs to be taxed in default of agreement.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 100 OF 1999
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