Paul Cook as Trustee of the Bankruptcy Estate of Imre Nagy v Capital Finance Australia Limited [2004] FCA 784

FEDERAL COURT OF AUSTRALIA Paul Cook as Trustee of the Bankruptcy Estate of Imre Nagy v Capital Finance Australia Limited [2004] FCA 784

BILLS OF SALE – bill of sale over motor vehicle – bill of sale not registered under Bills of Sale Act 1900 (Tas) – whether bill of sale void for non-registration – bill of sale a "credit contract" under Credit Code (Tasmania) – inconsistency between Code and Act – debtor required to give 30 days notice before possession under Code – whether s 5(1) of the Act should be read so to render bill of sale void for non-registration

Bills of Sale Act 1900 (Tas) ss 4A, 5(1) Bankruptcy Act 1966 (Cth) s 58(1)(a) Consumer Credit (Tasmania) Code 1996 s 80(2)

Helicopter Sales Pty Ltd v Rotor-Work Pty Ltd (1974) 132 CLR 1 at 11-12 cited R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 at 616 applied PAUL JOHN COOK as Trustee of the BANKRUPT ESTATE OF IMRE NAGY v CAPITAL FINANCE AUSTRALIA NO. T15 OF 2004 HEEREY J 22 JUNE 2004 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIAN DISTRICT REGISTRY T15 OF 2004

BETWEEN: PAUL JOHN COOK as Trustee of the BANKRUPT ESTATE OF IMRE NAGY

APPLICANT

AND: CAPITAL FINANCE AUSTRALIA

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 22 JUNE 2004

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT:

1. (a) The Mitsubishi Pajero vehicle registration number EE1514 is not the subject of a valid bill of sale held by the respondent by reason of non-compliance with the registration requirements of s 5(1) of the Bills of Sale Act 1900 (Tas). (b) Pursuant to section 58(1) of the Bankruptcy Act 1966 (Cth) the vehicle vest in the bankrupt estates of Imre and Nyette Nagy. 2. The respondent pay the applicant's costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.