Federal Court of Australia
Federal Court of Australia
Gidley (Trustee), in the matter of Ripoll (Bankrupt) v Ripoll [2024] FCA 650 File number: NSD 268 of 2022
Judgment of: MARKOVIC J
Date of judgment: 19 June 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – where notice given by Official Receiver pursuant to s 139ZQ of the Bankruptcy Act 1966 (Cth) – where trustee sought recovery of money or property – whether binding financial agreement constituted forbearance to sue – whether forbearance to sue can constitute consideration for the transfer of property – where there was no forbearance to sue – where forbearance to sue would not constitute consideration – application allowed
Legislation: Bankruptcy Act 1966 (Cth) ss 120, 121, 139ZQ(8) Family Law Act 1975 (Cth) s 90C
Cases cited: Chamberlain v Tilbrook [2017] FCA 1586 In the Marriage of C Kennon and D Kennon (1997) 22 FLR 1 Official Trustee in Bankruptcy v Lopatinsky (2003) 129 FCR 234 Ruzica Varmedja v Svetozar Ved Varmedja [2007] NSWDC 385
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 71
Date of hearing: 1 May 2024
Counsel for the Applicants: Mr E Walker
Solicitor for the Applicants: O'Hearn Lawyers
Counsel for the Respondent: Mr P G Bolster
Solicitor for the Respondent: Jordan Djundja
ORDERS NSD 268 of 2022 IN THE MATTER OF BANKRUPT ESTATE OF MICHAEL RIPOLL
BETWEEN: PAUL WILLIAM GIDLEY IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF MICHAEL RIPOLL First Applicant
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