In the matter of Rose, a bankrupt; Whitton v Regis Towers Real Estate Pty Ltd (In administration) [2006] FCA 1553

FEDERAL COURT OF AUSTRALIA

In the matter of Rose, a bankrupt; Whitton v Regis Towers Real Estate Pty Ltd (In administration) [2006] FCA 1553

BANKRUPTCY – whether transfers of property should be taken to have occurred within the meaning of s 121(9)(b) of the Bankruptcy Act – application of s 121 of the Act in relation to transfers of property taken to have been made under s 121(9)(b) – application of s 121 of the Act to payments of money

BANKRUPTCY – application for review of decision to reject wholly a proof of debt

WORD AND PHRASES – meaning of 'results' in s 121(9)(b) of the Bankruptcy Act

Corporations Act 2001 (Cth) ss 9, 114, 201A(1), 206B(3), 436A, 1305, 1378(1) and 1402(2) Bankruptcy Act 1996 (Cth) ss 5(1), 5(2), 5(3), 55, 55(4A), 84, 102, 102(1)(c), 104, 104(3), 121, 121(1), 121(1)(a), 121(1)(b), 121(2), 121(4), 121(5), 121(8), 121(9)(a), 121(9)(b) and 156A Bankruptcy Legislation (Anti-avoidance) Act 2006 (Cth) Strata Schemes (Freehold Development) Act 1973 (NSW) s 41 Strata Schemes Management Act 1996 (NSW) ss 8, 11, 41(2) Bankruptcy Legislation Amendment Act 1996 (Cth) Bankruptcy Legislation Amendment Bill 1996 Real Property Act 1900 (NSW) s 57(2)(b)

Sandell v Porter (1966) 115 CLR 666 Expo International Pty Limited (Receivers and Managers Appointed) (In Liq) v Chant [1979] 2 NSWLR 820 Peldan v Anderson (2006) 229 ALR 432

IN THE MATTER OF JOHN EMMANUEL ROSE, A BANKRUPT; ROBERT WILLIAM WHITTON AS TRUSTEE OF THE ESTATE OF JOHN EMMANUEL ROSE, A BANKRUPT v REGIS TOWERS REAL ESTATE PTY LIMITED (IN ADMINISTRATION) NSD 641 OF 2006 IN THE MATTER OF JOHN EMMANUEL ROSE, A BANKRUPT; REGIS TOWERS REAL ESTATE PTY LIMITED (IN ADMINISTRATION) ACN 087 099 202 v ROBERT WILLIAM WHITTON AS TRUSTEE OF THE ESTATE OF JOHN EMMANUEL ROSE, A BANKRUPT NSD 1657 OF 2006

GRAHAM J

17 november 2006

SYDNEY