Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gomez v Carrafa (Trustee) [2018] FCA 201 Appeal from: Carrafa v Gomez & Anor (No 2) [2016] FCCA 1511 Carrafa v Gomez & Anor (No 3) [2016] FCCA 3139
File number: VID 1492 of 2016
Judge: MOSHINSKY J
Date of judgment: 2 March 2018
Catchwords: BANKRUPTCY – appeal from Federal Circuit Court of Australia – where trustee in bankruptcy of the wife's estate sought declarations that transfers of two properties to the husband and a payment of money to a company associated with their son were void against the trustee pursuant to s 120 of the Bankruptcy Act 1966 (Cth) – where equity of exoneration raised as a defence – where primary judge held that the defence was not made out – whether primary judge erred in so holding – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth), ss 120, 121 Evidence Act 1995 (Cth), ss 48, 58, 59, 69, 135
Cases cited: Armstrong v Onyearu [2017] 3 WLR 1304; [2017] EWCA Civ 268 Currie v Dempsey (1967) 69 SR (NSW) 116 Day v Shaw [2014] EWHC 36 (Ch) Farrugia v Official Receiver in Bankruptcy (1982) 58 FLR 474; 43 ALR 700 Ierino v Gutta (2012) 43 WAR 372 In Re Pittortou (A Bankrupt) [1985] 1 WLR 58 Offıcial Trustee in Bankruptcy v Citibank Savings Ltd (1995) 38 NSWLR 116 Parsons v McBain (2001) 109 FCR 120 Re Berry [1978] 2 NZLR 373
Date of hearing: 25 and 26 September 2017
Date of last submissions: 3 October 2017
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate