NSW Caselaw
New South Wales Supreme Court
CITATION : Sutherland v Hanna (No 2) [2004] NSWSC 971 HEARING DATE(S) : 6/10/04 JUDGMENT DATE : 20 October 2004
JUDGMENT OF : Gzell J DECISION : Order imposing an equitable charge refused.
CATCHWORDS : EQUITY - Equitable Charges and Liens - After-acquired properties of a bankrupt vested in his trustee in bankruptcy - Whether payments made in reduction of mortgage and discharge of expenses and outgoings after discharge from bankruptcy were sufficient to impose an equitable charge - Matter not raised at hearing - No evidence of unconscionability on the part of the trustee - No evidence of augmentation in value due to the payments LEGISLATION CITED : Bankruptcy Act 1966 (Cth) Falcke v Scottish Imperial Insurance Co (1886) 34 Ch D 234 Hill v Ziymack (1908) 7 CLR 352 Ex parte James. In re Condon (1974) LR 9 Ch App 609 CASES CITED : In re Clark (a Bankrupt) (1974) 1 WLR 559 Morris v Morris (1982) 1 NSWLR 61 Muschinski v Dodds (1984-1985) 160 CLR 583 O'Brien v Sheahan [2002] FCA 1292 Stoklasa v Stoklasa [2004] NSWSC 518 Roderick Mackay Sutherland as Trustee of the Bankrupt Estate of John Hanna aka John Mhanna - Plaintiff PARTIES : John Hanna aka John Mhanna - 1st Defendant Eman Kamel Shonoda - 2nd Defendant FILE NUMBER(S) : SC 5506/03 COUNSEL : Mr J T Johnson - Plaintiff Mr V Gray - Defendants SOLICITORS : Sally Nash & Co Solicitors - Plaintiff Malcolm Johns & Co Lawyers - 1st & 2nd Defendants
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