Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Donnelly (Trustee) v Windoval Pty Limited (Trustee); In the Matter of Donnelly (Trustee) [2014] FCA 80 Citation: Donnelly (Trustee) v Windoval Pty Limited (Trustee); In the Matter of Donnelly (Trustee) [2014] FCA 80
Parties: MAX CHRISTOPHER DONNELLY, THE TRUSTEE OF THE PROPERTY OF DAVID NEIL BONNELL, A BANKRUPT v WINDOVAL PTY LIMITED (ACN 057 062 307) AS TRUSTEE OF THE BONNELL FAMILY TRUST, LAWJAG PTY LIMITED (ACN 086 289 590), SPRING COVE MANAGEMENT PTY LIMITED (ACN 095 502 798), BONDCALL PTY LIMITED (ACN 091 946 137) and MARK DEUTSCH; LAWJAG PTY LIMITED (ACN 086 289 590) and BONDCALL PTY LIMITED (ACN 091 946 137) v MAX CHRISTOPHER DONNELLY, THE TRUSTEE OF THE PROPERTY OF DAVID NEIL BONNELL, A BANKRUPT
File number: NSD 522 of 2012
Judge: FOSTER J
Date of judgment: 14 February 2014
Catchwords: BANKRUPTCY – whether the transfer by way of gift of $5,000,000 effected by a bankrupt to the trustee of his family trust was void as against his trustee in bankruptcy because the bankrupt's main purpose in making the transfer was to defeat his creditors both present and future in contravention of s 121 of the Bankruptcy Act 1966 (Cth) or, alternatively, is liable to be set aside pursuant to s 37A of the Conveyancing Act 1919 (NSW)
Legislation: Bankruptcy Act 1966 (Cth), ss 5, 6, 58 and 121 Conveyancing Act 1919 (NSW), s 37A Income Tax Assessment Act 1936 (Cth), ss 82AAE, 82AAA(1) and 177C
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