Deryk Rowan Andrew as Trustee for Estate of Colin George Ward (Deceased) v Zant Pty Ltd & Ors (Judgment No.2) [2005] FCA 21

FEDERAL COURT OF AUSTRALIA

Deryk Rowan Andrew as Trustee for Estate of Colin George Ward (Deceased) v Zant Pty Ltd & Ors (Judgment No.2) [2005] FCA 21

BANKRUPTCY - Bankruptcy Act 1966 (Cth), s 121 – whether Trustee in bankruptcy entitled to cash representing purchase price of relevant property or the property itself – bankrupt purchased property with own funds as trustee for a trust in favour ultimately of his son Bankruptcy Act 1966 (Cth), s 121 Official Trustee in Bankruptcy v Alvaro (1996) 138 ALR 341 distinguished Re Trautwein; Richardson v Trautwein [1946] ALR 129 followed DERYK ROWAN ANDREW AS TRUSTEE FOR ESTATE OF COLIN GEORGE WARD (DECEASED) v ZANT PTY LTD & ORS N 122 of 2003 HILL J 25 JANUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 122 OF 2003

BETWEEN: DERYK ROWAN ANDREW AS TRUSTEE FOR ESTATE OF COLIN GEORGE WARD (DECEASED)

APPLICANT

AND: ZANT PTY LTD (ACN 002 131 884) (RECEIVER AND MANAGER APPOINTED)

FIRST RESPONDENT

AND: FITSTAR INVESTMENTS LIMITED

SECOND RESPONDENT

AND: IAN LAWRENCE STRUTHERS

THIRD RESPONDENT

AND: ALLAN CHARLES RAPHAEL

FOURTH RESPONDENT

AND: SIMON ANTHONY WARD

FIFTH RESPONDENT

AND: BANALIJ PTY LIMITED (ACN 003 009 569) (RECEIVER AND MANAGER APPOINTED)

SIXTH RESPONDENT

AND: JIFRIN PTY LIMITED (ACN 003 438 006)

SEVENTH RESPONDENT

AND: FRANCO BATTISTI

EIGHTH RESPONDENT

AND: HELEN RUTHERFORD JOHNSON

NINTH RESPONDENT

AND: LYNETTE JEAN ROSS

TENTH RESPONDENT

AND: THOMAS JAMES HARPER

ELEVENTH RESPONDENT

JUDGE: HILL J