Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thomas, in the matter of Gidley & Shears v Bode [2000] FCA 1907
BANKRUPTCY - application to set aside a transfer - whether a series of transfers by a bankrupt were void dispositions or voidable preferences – whether the transfers were made above market value - whether the transfers were made without consideration - whether the transfers were made in good faith in the ordinary course of business - where the transfers were repayments on a loan Bankruptcy Act 1966 ss 120, 122 & 123
Robertson v Grigg (1932) 47 CLR 257 applied Downs Distributing Co Pty Limited v Associated Blue Star Stores Pty Limited (In Liquidation) (1948) 76 CLR 463 applied Re Sabri; Ex parte Brien v Australia and New Zealand Banking Group Ltd (1996) 21 Fam LR 213 distinguished
In The Matter of ALICE ISOBELLE GIDLEY & RICHARD JOHN SHEARS
GAVIN FREDERICK CRICHTON THOMAS (AS OFFICIAL TRUSTEE OF THE BANKRUPT ESTATE OF ALICE ISOBELLE GIDLEY AND RICHARD JOHN SHEARS v
EVA BODE AND ALICE ISOBELLE GIDLEY AND RICHARD JOHN SHEARS N 7931 of 1999 TAMBERLIN J SYDNEY 21 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7931 OF 1999
In The Matter of ALICE ISOBELLE GIDLEY & RICHARD JOHN SHEARS
BETWEEN: GAVIN FREDERICK CRICHTON THOMAS
(AS OFFICIAL TRUSTEE OF THE BANKRUPT ESTATE OF ALICE ISOBELLE GIDLEY AND RICHARD JOHN SHEARS)
APPLICANT
AND: EVA BODE
FIRST RESPONDENT
ALICE ISOBELLE GIDLEY AND
RICHARD JOHN SHEARS
SECOND RESPONDENT JUDGE: TAMBERLIN J
DATE OF ORDER: 21 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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