Permfox Pty Ltd, in the Matter of Chase v Official Receiver for the Bankruptcy District of New South Wales [2002] FCA 1564

FEDERAL COURT OF AUSTRALIA

Permfox Pty Ltd, in the Matter of Chase v Official Receiver for the Bankruptcy District of New South Wales [2002] FCA 1564 BANKRUTPCY – notices under s 139ZQ of the Bankruptcy Act 1966 (Cth) issued in respect of transfers said to be void against the trustee under s 121 – s 139ZS application to set aside notices by bankrupt's children – cross-claim by trustee in bankruptcy seeking substantive relief in respect of the transfers, amongst others, the subject of the notices Bankruptcy Act 1966 (Cth) ss 6, 121, 139E, 139ZQ, 139ZS Fraudulent Conveyances Act, 13 Eliz. c. 5 Corporations Act 2001 (Cth) s 1305 Prentice v Cummins [2002] FCA 1165 referred to Ritz Hotel Ltd v Charles of the Ritz Ltd (1988) 15 NSWLR 158 referred to PD v Australian Red Cross (New South Wales Division) (1993) 30 NSWLR 376 referred to P T Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515 referred to Re Kelly: Ex parte Young (1932) 4 ABC 258 referred to Middleton v Pollock: Ex parte Elliott (1876) 2 Ch D 104 referred to Alton v Harrison (1869) 4 Ch App 622 referred to Coleman and Del Carlo v R [1988] WAR 196 referred to Glegg v Bromley [1912] 3 KB 474 referred to Re Lloyd's Furniture Palace Ltd [1925] Ch 853 referred to Re Sarflax Ltd [1979] Ch 592 referred to Re Hyams; Official Receiver v Hyams (1970) 19 FLR 232 referred to Re Nimbus Trawling Co Ltd (1986) 2 NZLR 308 referred to World Expo Park Pty Ltd v EFG Australia Ltd (1995) 129 ALR 685 referred to Re Jury; Ashton v Prentice (1999) 92 FCR 68 applied Re Sarina; Ex parte Wollondilly Shire Council (1980) 32 ALR 596 referred to Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 referred to Cochrane v Moore (1890) 25 QBD 57 referred to Lipkin Gorman v Karpnale Ltd [1992] 4 All ER 409 referred to May The Law of Fraudulent and Voluntary Conveyances (3rd Ed 1908) Thornely "Transfer of Choses in Possession Between Members of a Common Household" (1953) 11 Camb LJ 355. IN THE MATTER OF PETER JOSEPH CHASE PERMFOX PTY LTD & ORS v OFFICIAL RECEIVER FOR THE BANKRUPTCY DISTRICT OF NEW SOUTH WALES & ANOR N 7280 of 2001 ALLSOP J 18 DECEMBER 2002 SYDNEY