Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kerr (Trustee), in the matter of Cross (Bankrupt) v Bechara (No 3) [2015] FCA 708 Citation: Kerr (Trustee), in the matter of Cross (Bankrupt) v Bechara (No 3) [2015] FCA 708
Parties: DAVID JOHN KERR IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF GABRIEL CROSS AND TRUSTEE OF THE BANKRUPT ESTATE OF ROSABELLE CROSS v MARIA BECHARA TRADING AS BECHARA & COMPANY LAWYERS and FERIDUN AKCAN
File number(s): NSD 1113 of 2014
Judge(s): JAGOT J
Date of judgment: 8 July 2015
Catchwords: BANKRUPTCY – creditor – whether respondents should have preference over other unsecured creditors of bankrupt estates – whether respondents acquired an equitable lien over assets of bankrupt estates
Legislation: Bankruptcy Act 1966 (Cth) ss 109(10), 120, 121, 123 Conveyancing Act 1919 (NSW) s 37A
Cases cited: Cadorange Pty Ltd (in liq) v Tanga Holdings Pty Ltd (1990) 20 NSWLR 26 Dean-Willcocks v Nothintoohard Pty Ltd (in liq) [2005] NSWSC 357 Hewett v Court (1983) 149 CLR 639 Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 Ronald John Dean-Willcocks v Nothintoohard Pty Limited (In Liquidation) [2006] NSWCA 311 Shirlaw v Taylor (1991) 5 ACSR 767
Date of hearing: 8 July 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 39
Counsel for the Applicant: Mr A Spencer
Solicitor for the Applicant: Norton Rose Fulbright
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