Vaughan, Ben v Official Trustee In Bankruptcy [1996] FCA 1053

Vaughan, Ben v Official Trustee In Bankruptcy [1996] FCA 1053

A quantity of wine, although used for business purposes in wine appreciation courses, is a consumable and not an 'ordinary tool of trade' under s.116(2)(c) of the Bankruptcy Act 1966, and therefore not exempt property.

Jurisdiction
Australia
Judgment Date
21 November 1996
Procedural Posture
Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
['tools of Trade Exemption' 'consumables' 'interpretation of S.116(2)(c) Bankruptcy Act 1966']
['bankruptcy'] ['tools of Trade Exemption' 'consumables' 'interpretation of S.116(2)(c) Bankruptcy Act 1966']

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Procedural Posture

Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether a quantity of wine used to conduct wine appreciation courses constitutes 'ordinary tools of trade' within the meaning of s.116(2)(c) Bankruptcy Act 1966"]

Ratio Decidendi

A quantity of wine, although used for business purposes in wine appreciation courses, is a consumable and not an 'ordinary tool of trade' under s.116(2)(c) of the Bankruptcy Act 1966, and therefore not exempt property.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The costs of the respondent be paid out of the estate of the bankrupt.']