LODER V. AYSOM AND OTHERS

LODER

ve

AYSOM_AND_OTHERS

DENYLLEK PTY LTD

AYSOM_AND_OTHERS

BERTOLI

Vv.

AYSOM_AND_OTHERS

MASON C.J.

DENYLLEK PTY LTD

Vv.

AYSOM_AND_OTHERS

BERTOLI

Vv. AYSOM_AND_OTHERS The proposed appeals seek to challenge the making of

orders under s.85 of the Far

et 1975 (Cth) setting

ily aside a deed of charge dated 13 June 1986 and certain associated guarantees and the exercise of a power of sale pursuant to the deed. The applicants submit that the determination of this issue gives rise to a question of general importance concerning the principles to be applied in setting aside transactions entered into by strangers to the marriage. However, it seems to us from the judgments in the Family Court that the interpretation of s.85 was not a eritical question in the contest in that Court. The making

of the orders was apparently resisted on the ground that the

deed was not entered into to defeat an anticipated order in favour of the wife in the Family Court proceedings, a question of fact. There was evidence to support the

conclusion that the deed was entered into for that purpose.

The possible retrospective operation of such an order under s.85 and the need to protect the interests of third parties in the framing of such an order are questions of some importance. But we note that the Full Court has remitted the case to the trial judge for further consideration of the orders to be made against the applicants Messrs Loder and Bertoli who, having been appointed by Denyllek Pty Limited as receivers and managers of the business of Torumba Pty Ltd, purported to exercise a power of sale conferred by the deed of charge. The order setting aside the sale was complied with by the purchasers (the respondents Sid Moore Racing Pty Limited and Sydney Victor Moore) and they seek relief in some form against Messrs Loder and Bertoli. As the final orders (if any) affecting their respective interests are yet to be made, it would be premature for this Court to embark on a