Federal Court of Australia
Federal Court of Australia
Burness (Trustee) v Harding [2021] FCA 1184 File number(s): VID 859 of 2019
Judgment of: KERR J
Date of judgment: 1 October 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – where a loan for the husband's business is secured against a property which is held in equal shares by the husband and wife – where the husband's business fails and he is declared bankrupt – where the property is sold to repay the loan for the husband's business – whether the wife can establish that the equity of exoneration applies such that she is entitled to be exonerated by the husband in respect of those borrowings
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Parsons v McBain [2001] FCA 376 Day v Shaw [2014] EWHC 36 (Ch) Bankruptcy v Citibank Savings (1995) NSWLR 116 Farrugia; ex parte Farrugia v Official Receiver (1982) 43 ALR 700; [1982] FCA 55 Armstrong v Onyearu [2018] Ch 137 In Re Kiely (1857) Ir Ch Rep 394, 405 Paget v Paget [1898] 1 Ch 470. Fisher & Lightwood's Law of Mortgage (Aust. Ed., 1995)
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 177
Date of hearing: 30 June 2021, 1-2 July 2021
Counsel for the Applicant: Mr Matters
Solicitor for the Applicant: Sharrock Pitman Legal
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