Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 454

Federal Court of Australia

Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 454 Appeal from: Cook (Trustee), in the matter of King v King (No.2) [2022] FedCFamC2G 838 Cook (Trustee), in the matter of King v King [2022] FedCFamC2G 817

File number: QUD 401 of 2022

Judgment of: LOGAN J

Date of judgment: 2 May 2024

Catchwords: BANKRUPTCY AND INSOLVENCY – where the appellant appeals from a decision of the Federal Circuit Court of Australia (Circuit Court), as it then was, concerning the interest of a bankrupt in real property jointly owned by her and the bankrupt – where the appellant alleges that the bankrupt had no beneficial interest in the real property – whether the primary judge erred in determining that the bankrupt had a legal and beneficial interest in the real property – appeal dismissed EVIDENCE – where the primary judge made adverse credibility findings against the appellant and the bankrupt – where there was an alleged failure to comply with the rule in Browne v Dunn by the respondent in the Circuit Court proceedings – where the primary judge dismissed this contention on the basis of the lack of credibility of the appellant and bankrupt – whether the rule in Browne v Dunn had been contravened – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 5, 58 Evidence Act 1995 (Cth) s 140 Federal Court of Australia Act 1976 (Cth) s 27 Federal Circuit Court Rules 2001 (Cth) Federal Court Rules 2011 (Cth) r 36.57 Property Law Act 1974 (Qld) s 38