Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnson (Trustee), in the matter of McCardle v McCardle [2016] FCA 1484 File number: SAD 263 of 2016
Judge: CHARLESWORTH J
Date of judgment: 9 December 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – application for interlocutory injunction restraining dealings with a motor vehicle – whether motor vehicle vested in the applicant as trustee of a bankrupt's estate – whether motor vehicle transferred prior to commencement of bankruptcy – whether transfer for market value – serious question to be tried – balance of convenience in favour of applicant – injunction granted
Legislation: Bankruptcy Act 1966 (Cth), ss 5, 5B, 5E, 5K, 54, 55, 58, 115, 116, 120, 121, 128B, 149D, 181A Federal Court of Australia Act 1976 (Cth), s 37M
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Castlemaine Tooheys Limited v The State of South Australia (1986) 161 CLR 148 Medallion Homes Pty Ltd v Lares Homes Pty Ltd [2016] FCA 12
Date of hearing: 2 November 2016
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 76
Solicitor for the Applicant: Mr G Gretsas of Gretsas and Associates
Solicitor for the Respondents: Mr D O'Brien of O'Brien Lawyers
ORDERS SAD 263 of 2016 IN THE MATTER OF ROXANNE MCCARDLE BETWEEN: GREGG ROBERTSON JOHNSON AS TRUSTEE OF THE BANKRUPT ESTATE OF ROXANNE MARIE MCCARDLE Applicant
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