Federal Court of Australia
Federal Court of Australia
Scott (Trustee) v Le [2021] FCA 1364 File number: VID 956 of 2017
Judgment of: MOSHINSKY J
Date of judgment: 5 November 2021
Catchwords: BANKRUPTCY – application by trustee in bankruptcy for declaration that first respondent was a joint proprietor of a residential property and for orders for possession and sale – where the name on the certificate of title was different from the name of the first respondent – where the first respondent contended that the joint proprietor was his deceased brother rather than him – whether the trustee in bankruptcy established on the balance of probabilities that the first respondent was a joint proprietor of the property
Legislation: Evidence Act 1995 (Cth), s 140
Cases cited: Le v Scott as trustee of the property of Chanh Tam Le, a bankrupt [2020] FCAFC 12
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 45
Date of hearing: 3 and 5 February 2021 and 28 April 2021
Counsel for the Applicant: Ms CF Gobbo
Solicitor for the Applicant: Piper Alderman
Counsel for the First Respondent: The First Respondent appeared in person with the assistance of an Interpreter
Counsel for the Second Respondent: The Second Respondent did not appear
ORDERS VID 956 of 2017
BETWEEN: ANDREW JOHN SCOTT AS TRUSTEE OF THE PROPERTY OF CHANH T LE, A BANKRUPT Applicant
AND: CHANH T LE First Respondent
HOA TRAN LE Second Respondent
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