Federal Court of Australia
Federal Court of Australia
Watton v Whitton (Trustee), in the matter of Watton [2021] FCA 832 File number(s): NSD 1718 of 2017
Judgment of: FARRELL J
Date of judgment: 22 July 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – application for enforcement of claimed contract said to be partly written and partly oral between applicant and former bankrupt in relation to division of marital assets upon claimed irretrievable breakdown of their marriage in September 2006 – application dismissed EQUITY – part performance – whether applicant's actions are unequivocally referable to agreement of the nature alleged – where no agreement of the nature alleged found – relief denied
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 120, 121 Family Law Act 1975 (Cth) ss 90C, 90DA, 90G
Cases cited: Chen v Chen [2016] FamCA 758 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8; (2002) 209 CLR 95 In Marriage of Woodcock (1997) 137 FLR 14 Mushroom Composters v IS & DE Robertson Family Trust [2014] NSWSC 164 Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd [2015] NSWCA 1 Official Trustee in Bankruptcy v Lopatinsky [2003] FCAFC 109; (2003) 129 FCR 234 Pipikos v Trayans [2018] HCA 39; (2018) 265 CLR 522 Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 52; (2004) 219 CLR 165
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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