Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 3) [2024] FCA 1171

FEDERAL COURT OF AUSTRALIA Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 3) [2024] FCA 1171 File number(s): NSD 1722 of 2019

Judgment of: GOODMAN J

Date of judgment: 11 October 2024

TRUSTS AND TRUSTEES – volunteer recipient of transfer of interest in land received at the direction of another person – the other person, later on notice that the transfer was the product of fraudulent conduct, directed the recipient to transfer the property to a third party – whether the initial recipient held the interest in land on Black v S Freedman type trust – whether the knowledge of the other person concerning the fraudulent conduct is to be attributed to the initial recipient – held that the initial recipient held the interest in land on trust and is liable for the transfer out of that interest to the third party CONTRACTS – proof of entry into contract – where contract for sale and purchase of land is evidenced by one signed counterpart and secondary evidence of the signing and exchange of the other counterpart – inescapable inference that contract was signed and exchanged – purchaser liable under the contract Catchwords: CONTRACTS – whether contract came into existence which contained an implied term that one party would receive "indefeasible title" – no such contract – no such implied term CONSUMER LAW – alleged contravention of s 18 of the Australian Consumer Law, by reason of a failure to advise spouse's joint venture partner of spouse's impending entry into bankruptcy – alleged conduct was not in trade or commerce – alleged conduct not misleading or deceptive in circumstances where knowledge of the spouse's impending entry into bankruptcy not established and in the absence of any reasonable expectation that such information, if known, would have been shared EVIDENCE – allegation of participation in scheme to defraud creditors – evidence to be assessed by reference to the gravity of the finding sought