Cook (Trustee), in the matter of Benson [2000] FCA 1777

FEDERAL COURT OF AUSTRALIA

Cook (Trustee), In the matter of Benson [2000] FCA 1777

BANKRUPTCY - application by trustee of bankrupt estate for declarations and orders in respect of payments made by bankrupt to respondents prior to date of commission of act of bankruptcy - whether each such payment was void against the trustee by force of ss120 or 121 of the Bankruptcy Act 1966 (Cth) - whether there was a disposition of property of the bankrupt within two years before the commencement of the bankruptcy and if so, whether that disposition was not in favour of a purchaser for valuable consideration - whether s116(2)(d) of the Bankruptcy Act 1966 (Cth) applied so that payments were excluded from the operation of ss120 and 121 Bankruptcy Act 1966 (Cth) ss116(2)(d), 120, 121 N M Superannuation Pty Ltd v Young (1993) 41 FCR 182 referred to Barton v Official Receiver (1986) 161 CLR 75 applied PETER ROBERT BENSON (a Bankrupt) and PAUL JOHN COOK (as Trustee of the Bankrupt Estate of PETER ROBERT BENSON) v PETER ROBERT BENSON, LEGAL & GENERAL SUPERANNUATION SERVICES PTY LTD, PRUDENTIAL CORPORATION AUSTRALIA LIMITED (ACN 066 649 241) and MERCANTILE MUTUAL CUSTODIANS PTY LTD (ACN 008 508 496) VG 7527 OF 1998 MARSHALL J MELBOURNE 12 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7527 OF 1998

BETWEEN: PETER ROBERT BENSON

A BANKRUPT

PAUL JOHN COOK (as Trustee of the Bankrupt Estate of PETER ROBERT BENSON)

APPLICANT

AND: PETER ROBERT BENSON

FIRST RESPONDENT

LEGAL & GENERAL SUPERANNUATION SERVICES PTY LTD

SECOND RESPONDENT

PRUDENTIAL CORPORATION AUSTRALIA LIMITED (ACN 066 649 241)

THIRD RESPONDENT

MERCANTILE MUTUAL CUSTODIANS PTY LTD