Federal Court of Australia
Federal Court of Australia
Harrison v Nandicorp Pty Ltd [2021] FCA 1603 File number: NSD 740 of 2020
Judgment of: PERRAM J
Date of judgment: 17 December 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – application by trustee in bankruptcy for declarations under s 30 Bankruptcy Act 1966 (Cth) ('BA') – whether properties comprise assets of bankrupt estate – whether transactions voidable under BA s 120(1) TRUSTS AND TRUSTEES – where trustee found to have engaged in tortious deceit – whether trustee has a right of indemnity
Legislation: Bankruptcy Act 1966 (Cth) Pt VI Div 4A; s 120(1) Transfer of Land Act 1893 (WA) s 55 Trusts Act 1973 (Qld) s 72
Cases cited: Ballantyne Suites Pty Ltd v Ballantyne Chambers Pty Ltd (in liq) [2013] VSC 482 Fitzwood Pty Ltd v Unique Goal Pty Ltd (in liq) [2001] FCA 1628 Gatsios Holdings Pty Ltd v Nick Kritharas Holdings Pty Ltd (in liq) [2002] NSWCA 29. Nolan v Collie [2003] VSCA 39; 7 VR 287 Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 Park v Whyte [2015] QSC 287 RWG Management Limited v Commissioner for Corporate Affairs [1985] VR 385 Vacuum Oil Company Pty Ltd v Wiltshire (1945) 72 CLR 319 Vyse v Foster (1872) LR 8 C App
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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