Micheletto (Trustee), in the matter of the El-Debel (Bankrupt) v El-Debel [2020] FCA 1031

FEDERAL COURT OF AUSTRALIA

Micheletto (Trustee), in the matter of the El-Debel (Bankrupt) v El-Debel [2020] FCA 1031 File number: NSD 1972 of 2019

Judge: GLEESON J

Date of judgment: 23 July 2020

Catchwords: BANKRUPTCY – application by trustees in bankruptcy for declarations pursuant to s 31 of the Bankruptcy Act 1966 (Cth) (Act) – whether bankrupt had beneficial interests in four properties which vested in the trustees in bankruptcy pursuant to s 58(1)(a) of the Act - where bankrupt made financial contributions to the purchase of four real properties – where legal title to properties variously held by family members and related company – whether intention was for bankrupt to retain beneficial interest in properties – bankrupt found to hold beneficial interests in properties in various proportions giving rise to proprietary interests held by trustees for the benefit of the bankrupt's creditors TRUSTS – resulting and constructive trusts – whether presumption of resulting trust arose where bankrupt made financial contributions to the purchase of four real properties – where legal title to properties variously held by family members and related company – whether intention was for bankrupt to retain beneficial interest in properties – whether Jones v Dunkel inference should be drawn in relation to failure to call respondents as witnesses – bankrupt found to hold beneficial interests in properties in various proportions reflecting financial contributions to acquisition by operation of resulting trust

Legislation: Bankruptcy Act 1966 (Cth) ss 31, 58, 116, 121