Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ramsay (Trustee) v Upson [2016] FCA 1546 File number: QUD 521 of 2016
Judge: COLLIER J
Date of judgment: 20 December 2016
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under r 26.01(1)(e) Federal Court Rules 2011 (Cth) and s 31A Federal Court of Australia Act 1976 (Cth) – whether respondent had reasonable prospect of successfully defending proceeding – "real" as distinct from "merely arguable" or "fanciful" prospect of defending proceeding – trustee prima facie entitled to vacant possession – whether properties purchased using "protected money" – whether deed of settlement signed under duress – no steps taken repudiate deed of settlement in timely way BANKRUPTCY – whether properties purchased using compensation money under s 116(2)(g) Bankruptcy Act 1966 (Cth) – whether money used to purchase properties "protected money" – property purchased jointly in names of husband and wife – Stankovic v Van der Velde [2012] FCA 1436 – wife's half of amount provided by husband to purchase properties presumed subject of a gift by way of advancement to wife
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 55(2), 58A(1), 58A(2), 77(1)(e), 77(1)(g), 116(2)(g), 116(2)(n), 116(3), 116(4) Federal Court of Australia Act 1976 (Cth) s 31A Criminal Proceeds Confiscation Act 2002 (Qld) ss 28(3)(a)(iii), 31(1), 56, 58, 65(2), 78, 256A Federal Court Rules 2011 (Cth) rr 26.01, 26.01(1)(e)
Cases cited: Bustfree Pty Ltd v Llewellyn [2013] QCA 103 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 Pao On v Lau Yiu Long [1980] AC 614 Rogers v Asset Loan Co Pty Ltd [2008] FCA 1304 Spencer v The Commonwealth (2010) 241 CLR 118 Spiteri v Nine Network Australia [2008] FCA 905 Stankovic v Van der Velde [2012] FCA 1436 SZWBH v Minister for Immigration and Border Protection (2015) 229 FCR 317 Unpaid Systems Ltd v Telstra Corporation Limited [2016] FCAFC 158 Vrsecky v Reaper [2015] FCCA 32 White Industries Australia Ltd v Commissioner of Taxation (2007) 160 FCR 298
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