Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reliance Financial Services Pty Ltd v Leroy (Trustee) [2016] FCA 1380 File number(s): NSD 995 of 2016
Judge(s): JAGOT J
Date of judgment: 8 December 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – whether appropriate to make declaration of charge over proceeds of sale of bankrupt estate – whether amount allegedly secured by charge proven
Legislation: Bankruptcy Act 1966 (Cth) ss 27, 58, 77A, 265A Duties Act 1997 (NSW) s 304 Evidence Act 1995 (Cth) s 69
Cases cited: Avco Financial Services Ltd v Commonwealth Bank (1989) 17 NSWLR 679 Grocon Constructors (Victoria) Pty Ltd v APN DF2 Project 2 Pty Ltd [2015] VSCA 190 Helou v PD Mulligan Pty Limited [2003] NSWCA 92; (2003) 57 NSWLR 74 Truthful Endeavour Pty Ltd v Condon [2015] FCAFC 70; (2015) 233 FCR 174
Dates of hearing: 22 August 2016, 9 November 2016
Date of last submissions: 24 November 2016 (applicant) The respondent did not provide further submissions
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 60
Counsel for the Applicant: Mr M Ashhurst SC with Ms M Dolenec
Solicitor for the Applicant: Kemp Strang Lawyers
Counsel for the First Respondent: Mr D C Eardley
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