Combis (Trustee) v Spottiswood (No 2) [2013] FCA 240

FEDERAL COURT OF AUSTRALIA

Combis (Trustee) v Spottiswood (No 2) [2013] FCA 240 Citation: Combis (Trustee) v Spottiswood (No 2) [2013] FCA 240

Parties: NICK COMBIS AND PETER DINORIS AS TRUSTEES IN BANKRUPTCY OF THE ESTATE OF GRAHAM CLINTON SPOTTISWOOD (A BANKRUPT) v SUZANNE LESLEY SPOTTISWOOD

File number: QUD 223 of 2011

Judge: LOGAN J

Date of judgment: 19 March 2013

Catchwords: BANKRUPTCY – void transfer – application for declaratory relief that the transfer of a sum of money was void pursuant to s 120 or s 121 of the Bankruptcy Act 1966 (Cth) – application further/alternatively for declaratory relief that respondent liable to pay the applicant sum of money under s 139ZQ of the Bankruptcy Act 1966 (Cth) – gift for payment of money – whether capable of being discharged by book entry Held: the transfers of property are void – consequential book entries taken to be payment of money in satisfaction of gift

Legislation: Acts Interpretation Act 1901 (Cth) s 34AA Bankruptcy Act 1966 (Cth) ss 5, 15, 120, 121, 139K, 139ZQ, 139ZS Federal Court of Australia Act 1976 (Cth) s 51 Federal Court Rules 2011 (Cth) r 16.07

Cases cited: Anscor Pty Ltd & Others v Clout & Another (2004) 135 FCR 469 considered Combis (Trustee) v Spottiswood (2011) 123 ALD 40 cited Dabbs v Seaman (1925) 36 CLR 538 applied Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471 followed Ferrier and Knight as liquidators of Compass Airlines Pty Ltd v Civil Aviation Authority (1994) 55 FCR 28 considered Re Harmony and Montague Tin and Copper Mining Company (Spargo's Case) (1873) LR 8 Ch. App. 407 followed Re York Street Mezzanine Pty Ltd (in liq) (2007) 162 FCR 358 followed Shepherd v Federal Commissioner of Taxation (1965) 113 CLR 385 followed The Trustees of the Property of Cummins v Cummins (2006) 227 CLR 278 cited Vale v Sutherland (2009) 237 CLR 638 considered