Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leader Computers Pty Ltd v Johnson [2012] FCA 716 Citation: Leader Computers Pty Ltd v Johnson [2012] FCA 716
Parties: LEADER COMPUTERS PTY LTD ACN 093 139 354 AS TRUSTEE FOR THE LEADER COMPUTER WHOLESALE TRUST and SYNNEX AUSTRALIA PTY LTD ACN 052 285 88 v ROBERT WILLIAM JOHNSON and CIARA O'BRIEN (IN HER CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF ROBERT WILLIAM JOHNSON)
File number: SAD 140 of 2012
Judge: BESANKO J
Date of judgment: 6 July 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – application pursuant to s 58(3)(b) of Bankruptcy Act 1966 (Cth) for leave to proceed in actions in the District Court of South Australia against bankrupt for voidance of transfer of property – whether leave should be granted in absence of indication from trustee in bankruptcy as to whether application opposed – where urgency in leave being granted due to impending trial date for District Court actions. Held: It was appropriate to grant leave pursuant to s 58(3)(b) of the Act.
Legislation: Bankruptcy Act 1966 (Cth) subs 58(3) Law of Property Act 1936 (SA) s 86
Cases cited: Mango Media Pty Ltd v Velingos (2008) 216 FLR 176, cited Stoker (Trustee), in the Matter of Starr (Bankrupt) v Starr [2011] FCA 746, cited
Date of hearing: 3 July 2012
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicants: Mr G Stathopoulos
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate