Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baykal v Cronan [2017] FCA 1332 File number: NSD 514 of 2017
Judge: BROMWICH J
Date of judgment: 19 October 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – claim for relief arising from alleged interest in proceeds of sale of bankrupt estate – whether payment was a loan or created an equitable interest by way of a constructive trust – held: no existence of a constructive trust established and therefore no beneficial interest – statement of claim dismissed
Legislation: Bankruptcy Act 1966 (Cth), ss 58(1), 116
Cases cited: Associated Alloys Pty Ltd v ACN 001 452 106 Pty Ltd (2000) 202 CLR 588 Commissioner of Stamp Duties (Queensland) v Joliffe (1920) 28 CLR 178 Kauter v Hilton (1953) 90 CLR 86 In re Cozens [1913] 2 Ch 478
Dates of hearing: 19 October 2017
Registry: New South Wales
Division: General
National Practice Area: Commercial and Corporations
Sub Area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 32
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondents: Mr B Skinner
Solicitor for the Respondents: Grace Lawyers
ORDERS NSD 514 of 2017
BETWEEN: TONBUL BAYKAL Applicant AND: JASON SHANE CRONAN AND TERRY VAN DER VELDE AS TRUSTEES FOR THE BANKRUPT ESTATE OF HAKAN TANDOGAN Respondents
JUDGE: BROMWICH J DATE OF ORDER: 19 October 2017
THE COURT ORDERS THAT:
1. The applicant's statement of claim dated 23 January 2017 be dismissed. 2. The applicant pay the respondent's costs on an ordinary basis up to and including 28 July 2017, and on an indemnity basis thereafter. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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