Federal Court of Australia
Federal Court of Australia
Jang v Trustees of the Property of Lee (bankrupt) [2022] FCA 99 File number: ACD 33 of 2020
Judgment of: MARKOVIC J
Date of judgment: 16 February 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – application seeking declaration that applicant entitled to half interest in land at 51A Strayleaf Crescent, Gungahlin ACT 2912 (Property) and rectification of title to the Property – where half interest in Property previously registered in the name of applicant's daughter in law – where applicant's daughter in law bankrupt –where half interest in Property vested in respondents under s 58 of the Bankruptcy Act 1966 (Cth) – whether applicant's daughter's half interest in Property held on resulting trust for applicant – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) Evidence Act 1995 (Cth) Civil Law (Property) Act 2006 (ACT)
Cases cited: Amit Laundry Pty Ltd v Jain [2017] NSWSC 1495 Australian Securities and Investments Commission v Big Star Energy Limited (No 3) [2020] FCA 1442; 148 ACSR 334 Banque Commerciale SA en Liquidation v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Betfair Pty Ltd v Racing New South Wales and Anor [2010] FCAFC 133; (2010) 189 FCR 356 Calverley v Green (1984) 155 CLR 242 El-Debel v Micheletto (Trustee) [2021] FCAFC 117 Ethicon Sarl v Gill [2021] FCAFC 29; (2021) 387 ALR 494 Linfield Developments Pty Ltd v Shuangxing Development Pty Ltd [2016] NSWSC 68 Thomas v SMP (International) Pty Ltd [2010] NSWSC 822 Watson v Foxman (1995) 49 NSWLR 315
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