Vale v Sutherland [2009] HCA 26

HIGH COURT OF AUSTRALIA

GUMMOW, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ

MALCOLM GEOFFREY VALE APPELLANT

AND

RODERICK MACKAY SUTHERLAND RESPONDENT

Vale v Sutherland

[2009] HCA 26

29 July 2009

S38/2009

ORDER

1. The respondent have special leave to cross-appeal against order 3 of the orders of the Full Court of the Federal Court of Australia made 20 August 2008 ("the Full Court Orders"), upon the condition that he bear the appellant's costs of the proceedings in this Court.

2. The respondent be deemed to have filed and served the Notice of Cross‑Appeal on 21 May 2009.

3. Upon the cross‑appeal, order that:

(a) cross-appeal allowed;

(b) order 3 of the Full Court Orders be set aside and in place thereof:

(i) on the cross‑claim by the respondent there be judgment entered for the respondent in the sum of $208,350.00, and

(ii) all questions of the award of interest upon that sum be remitted to the Federal Magistrates Court.

4. Set aside order 5 of the Full Court Orders, to the intent that there be no costs order in respect of the appeal to the Full Court, but otherwise dismiss the appeal to this Court.

5. The respondent pay the costs of the appellant of the proceedings in this Court.

On appeal from the Federal Court of Australia

Representation

G T Bigmore QC for the appellant (instructed by Watson Mangioni Solicitors)

B A J Coles QC with B J Skinner for the respondent (instructed by Sparke Helmore)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Vale v Sutherland

Bankruptcy – Notice – Official Receiver issued notice under s 139ZQ of the Bankruptcy Act 1966 (Cth) ("the Act") asserting certain property transactions void under s 120 of the Act – Notice asserted market value of properties at time of transfer – Failure to comply with notice may result in criminal sanctions under s 139ZT of the Act – Whether notice should be set aside under s 30 or s 139ZS if value stated incorrect.