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

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

Jarvis J Pty Ltd held unit 16 as trustee for Mr Abdalla upon being put on notice of the fraudulent transfer, and must pay the value of the interest. Andrew Hanna entered into a contract for unit 21 and is liable to pay half the contract price to Mr Abdalla. Claims against Ms Shonoda for breach of contract and misleading or deceptive conduct under s 18 of the ACL fail as she was not contractually bound, had no relevant knowledge, and was not acting in trade or commerce.

Parties
Cross Claimant: Hedra Fayez Nashed Abdalla; First Cross Respondent: Shabnam Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna; Second Cross Respondent: Jarvis J Pty Limited; First Cross Respondent: Andrew Joseph Hanna; Second Cross Respondent: Eman Kamel Shonoda; Counsel for First Cross Respondent: Mr D F Elliott; Counsel for Second Cross Respondent: Mr M Bennett
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Civil / Post Trial Judgment
Outcome
Abdalla's claims against Jarvis and Andrew Hanna succeed; claims against Ms Shonoda fail; orders in accordance with reasons to be agreed or further submissions invited.
Legal Topics
Voluntary Transfer of Property, Fraudulent Conduct, Attribution of Knowledge, Vendor Purchaser Equitable Rights, Misleading or Deceptive Conduct, Proof of Contract, Partnership Dissolution
Trusts and Trustees Contracts Consumer Law Evidence Insolvency Voluntary Transfer of Property Fraudulent Conduct Attribution of Knowledge +4 more

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Parties

Hedra Fayez Nashed Abdalla

Cross Claimant

Shabnam Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna

First Cross Respondent

Jarvis J Pty Limited

Second Cross Respondent

Andrew Joseph Hanna

First Cross Respondent

Eman Kamel Shonoda

Second Cross Respondent

Mr D F Elliott

Counsel for First Cross Respondent

Mr M Bennett

Counsel for Second Cross Respondent

Procedural Posture

Civil / Post Trial Judgment

Legal Issues

  1. 1 Whether Jarvis J Pty Ltd, as volunteer recipient of land transferred by a forged signature, held the interest on trust and is liable to account for it
  2. 2 Whether a contract for the sale of unit 21 between Mr Abdalla, Mr Hanna Snr, and Andrew Hanna existed and was breached
  3. 3 Whether Ms Shonoda was contractually liable to Mr Abdalla, or had contravened s 18 of the Australian Consumer Law by non-disclosure

Ratio Decidendi

Jarvis J Pty Ltd held unit 16 as trustee for Mr Abdalla upon being put on notice of the fraudulent transfer, and must pay the value of the interest. Andrew Hanna entered into a contract for unit 21 and is liable to pay half the contract price to Mr Abdalla. Claims against Ms Shonoda for breach of contract and misleading or deceptive conduct under s 18 of the ACL fail as she was not contractually bound, had no relevant knowledge, and was not acting in trade or commerce.

Court Disposition

Abdalla's claims against Jarvis and Andrew Hanna succeed; claims against Ms Shonoda fail; orders in accordance with reasons to be agreed or further submissions invited.

Orders

  • The parties are to confer and provide to the Associate to Goodman J within 14 days agreed orders as to costs and effect of reasons, or otherwise provide competing orders and submissions.
  • If competing orders and written submissions are filed, parties may reply within a further 14 days, indicating any consent to determination on the papers.