Mateo v Official Trustee in Bankruptcy [2002] FCA 344

FEDERAL COURT OF AUSTRALIA

Mateo v Official Trustee in Bankruptcy [2002] FCA 344 BANKRUPTCY – application to set aside Notice on behalf of Official Receiver – cross-claim by Trustee seeking repayment of an amount equal to the value received upon the transfer of property and money from the bankrupt's interests – whether property was transferred at market value – whether transfer was for purpose of defeating the bankrupt's creditors – date of transfer of the bankrupt's interests – whether the signing of the consent orders and the making of those orders by the Family Court constituted transfer – whether the bankrupt held an equitable or legal interest after the Family Court made the orders – whether consideration for transfer was of less than market value

WORDS AND PHRASES – "transfer"

Bankruptcy Act 1966 (Cth) ss 120, 121, 139 Family Law Act 1975 (Cth)s 79 Ex parte James; In re Condon (1874) LR 9 Ch. App. 609 cited Silvera v Savic (1999) 46 NSWLR 124 cited P T Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515 cited Re Sabri; Ex parte Brien v Sabri (1997) 137 FLR 165 cited In the matter of ARTURO MATEO (aka ALLAN MATEO) a bankrupt CORAZON BES MATEO v OFFICIAL RECEIVER IN BANKRUPTCY, CORAZON BES MATEO, JEREMY MATEO, JENNIFER JOY MATEO, JUSTEEN JAMES MATEO N 7361 OF 2001 TAMBERLIN J SYDNEY 27 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7361 OF 2001

In the matter of ARTURO MATEO (aka ALLAN MATEO), a bankrupt

BETWEEN: CORAZON BES MATEO

APPLICANT

AND: OFFICIAL TRUSTEE IN BANKRUPTCY

RESPONDENT /CROSS APPLICANT

CORAZON BES MATEO

FIRST CROSS RESPONDENT

JEREMY MATEO

SECOND CROSS RESPONDENT

JENNIFER JOY MATEO

THIRD CROSS RESPONDENT