Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Verge (Trustee), in the matter of Underdown (deceased) (a bankrupt) v Fazio [2013] FCA 18 Citation: Verge (Trustee), in the matter of Underdown (deceased) (a bankrupt) v Fazio [2013] FCA 18
Parties: EVAN ROBERT VERGE AND GEORGE AUBREY LOPEZ AS TRUSTEES OF THE ESTATE OF SAMANTHA UNDERDOWN (DECEASED) (A BANKRUPT) v ARTURO SALVATORE FAZIO and REGISTRAR OF TITLES
File number: WAD 252 of 2012
Judge: MCKERRACHER J
Date of judgment: 17 January 2013
Catchwords: BANKRUPTCY – application by trustees of the estate of a deceased bankrupt for orders for sale of property or, alternatively, setting aside transfer of property by the deceased to the respondent husband – non-compliance with s 139ZQ notice issued by Official Receiver requiring the husband to pay value of property transferred – whether transfer of property void against the trustee for lack of consideration and intention to defeat creditors – whether trustees entitled to declaration pursuant to s 30(1) Bankruptcy Act 1966 (Cth) that transfer of property to respondent husband was void
Legislation: Bankruptcy Act 1966 (Cth) ss 30(1), 120, 121, 139ZQ, 139ZR
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Re Bilen; Ex parte Sistrom (Neaves J, 11 April 1985, unreported) Lin v Official Trustee in Bankruptcy (2001) 187 ALR 220 In the matter of Rose, a bankrupt; Godfrey v Whitton [2006] FCA 823 Sutherland v Vale [2007] FMCA 1617
Date of hearing: 15 October 2012
Date of last submissions: 30 October 2012
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