Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Travaglini v Spencer [2008] FCA 1618
BANKRUPTCY AND INSOLVENCY – claim that property transferred under value should be void as against the Trustee in Bankruptcy – motion for dismissal - transferor was not the subsequent bankrupt but an entity allegedly acting on his instruction and direction – property said to be held on bare trust on behalf of the bankrupt – whether trustee or agent – novel point - not obviously without reasonable prospects – not dismissed
Held: Minute of Amended Statement of Claim permitted. Bankruptcy Act 1966 (Cth) ss 120, 120(1), 121, 120(7)(b) Federal Court of Australia Act 1976 (Cth) s 31A Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720 Dandaven v Harbeth Holdings Pty Ltd [2008] FCA 955 In the matter of Rose, a bankrupt; Whitton v Regis Towers Real Estate Pty Ltd (in administration) [2006] FCA 1553 J F Keir Pty Limited v Sparks [2008] FCA 611 Jefferson Ford Pty Ltd v Ford Motor Company Australia Ltd and Others (2008) 167 FCR 372 Peldan v Anderson (2006) 227 CLR 471 Whitton v Regis Towers Real Estate Pty Ltd (in administration) (2007) 161 FCR 20 DINO TRAVAGLINI (AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF CARMELO FRANSCESCO RACCUIA) v HALFORD GRAHAM SPENCER, ANTONIO GUISEPPE RACCUIA, VASTO (WA) PTY LTD ACN 008 935 313, TRIVIEW HOLDINGS PTY LTD ACN 079 339 914, MICHAEL PATERSON & ASSOCIATES, KING & OH and PPB ASHTON READ
WAD 36 of 2008
MCKERRACHER J
31 OCTOBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 36 of 2008
BETWEEN: DINO TRAVAGLINI
(AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF CARMELO FRANSCESCO RACCUIA)
Applicant
AND: HALFORD GRAHAM SPENCER
First Respondent
ANTONIO GUISEPPE RACCUIA
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