Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clout (Trustee) v Anscor Pty Ltd [2003] FCA 326
BANKRUPTCY - payment of moneys by person later becoming bankrupt to third party void as against trustee in bankruptcy - tracing remedies available to trustee in respect of moneys received by third party from person later becoming bankrupt and paid over to other parties to enable them to acquire interests in their own properties - whether tracing remedies are available in respect of moneys paid into a mixed fund TRUSTS - despite execution of trust deed, no trust ever constituted where evidence shows that person controlling the activities including those taken to establish a trust, that person's adviser as settlor and the putative trustee had no intention that there was to be a trust for the benefit of others but that the trust fund was to be a repository of moneys to be disbursed by the trustee as and when the controlling person directed
Bankruptcy Act 1966 (Cth) ss 116 and 120
Barton v Official Receiver (1984) 4 FCR 380 Chan v Zacharia (1984) 154 CLR 178 Cohen v Cohen (1929) 42 CLR 91 Associated Alloys case (2000) 202 CLR 588; [2000] HCA 25 Air Canada v M & L Travel Ltd (1993) 108 DLR (4th) 592 Stephens Travel Service International Pty Ltd (Receivers and Managers Appointed) v QANTAS Airways Ltd (1988) 13 NSWLR 331 Daly v Sydney Stock Exchange Limited (1986) 160 CLR 371 Re Hodby (Fisher J, Federal Court of Australia, 16 April 1987, unreported) Re Goode; Ex parte Mount (1974) 4 ALR 579 Brady v Stapleton (1952) 88 CLR 322 Windsor Mortgage Nominees Pty Ltd (as trustee) v Cardwell [1979] ACLC 32,195 Australian Securities Commission v Melbourne Asset Management Nominees Pty Ltd (Receiver and Manager Appointed) (1994) 49 FCR 334 Victorian Producer's Co-Operative Co Ltd v Kenneth [1999] FCA 1488 Sutherland v Brien (1999) NSWSC 155 Official Trustee in Bankruptcy v Alvaro (1996) 66 FCR 372 Richard Walter Pty Ltd v Commissioner of Taxation (1996) 67 FCR 243 Manzi v Smith (1975) 132 CLR 671 Agip (Africa) Ltd v Jackson [1990] 1 Ch 265 at 290 and, on appeal, [1991] Ch at 566 - 567 Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 18 FCR 449 Baker v Official Trustee (Full Court of the Federal Court, 3 August 1995, unreported)
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