Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ambrose (Trustee) in the matter of Poumako (Bankrupt) v Poumako [2012] FCA 889 Citation: Ambrose (Trustee) in the matter of Poumako (Bankrupt) v Poumako [2012] FCA 889
Parties: COLIN LOUIS AMBROSE AS TRUSTEE OF THE BANKRUPT ESTATE OF ROBIN BRIAN POUMAKO v ROBIN BRIAN POUMAKO, JACQUELINE STELLA POUMAKO, TUHI AGNES CASSIDY and JANICE HEATHER POUMAKO
File number: SAD 322 of 2011
Judge: MANSFIELD J
Date of judgment: 21 August 2012
Catchwords: BANKRUPTCY – where transfer void against trustee in bankruptcy – property jointly owned by bankrupt and another person – appropriate orders in circumstances BANKRUPTCY – where transfer void against trustee in bankruptcy – transferee paid part consideration – property subject to mortgage – mortgagee's rights – mortgage funds used to pay part consideration – operation of s 120(4) regarding repayment of consideration paid by transferee BANKRUPTCY – whether two transfers of property are void against the trustee in bankruptcy – undervalued transactions – transfer of residential properties by bankrupt to family members – whether the properties were held in trust – reliability of evidence – repayment of consideration paid
Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Bankruptcy Legislation Amendment Act 1996 (Cth)
Cases cited: Nelson v Nelson (1995) 184 CLR 538 cited Draper v Official Trustee in Bankruptcy (2006) 156 FCR 53 cited Mateo v Official Trustee in Bankruptcy (2002) 117 FCR 119 cited Re Francis; Ex parte Official Trustee in Bankruptcy (1998) 19 FCR 149 cited Verge v Devere Holdings Pty Ltd (No 4) [2010] FCA 653 cited Ashton v Prentice; in the matter of Jury (1999) 92 FCR 68 cited Anscor Pty Ltd v Clout (Trustee) (2004) 135 FCR 469 cited Sutherland v Brien (1999) 149 FLR 321 cited Travaglini v Spender [2008] FCA 1618 cited Sheahan v Frost [2011] FCA 356 cited Re Hart; Ex parte Green [1912] 8 KB6 cited Re Fitzgerald; Ex Parte Burns (1986) 10 FCR 261 distinguished Trustee of the Property of O'Halloran; In the Matter of O'Halloran v O'Halloran [2002] FCA 1305 cited Schmierer v Horan [2004] FMCA 16 cited Thomas v Tyler (No 2) [2005] FMCA 342 cited Prentice v Cummins (No 5) (2002) 124 FCR 67 cited Ebner v Official Trustee in Bankruptcy (1999) 91 FCR 353 cited
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