Re Tarrant, Janine Maree v Ex parte Putnin, Bernard & Ors [1985] FCA 283

Re Tarrant, Janine Maree v Ex parte Putnin, Bernard & Ors [1985] FCA 283

The transaction transferring the caravan back to the respondents was a preference within the meaning of s.122(1) of the Bankruptcy Act 1966, and property in the caravan is that of the partnership, not of the bankrupt in her individual capacity; therefore, the transaction is void as against the trustee.

Parties
Bankrupt: Janine Maree Tarrant; Applicant: Bernard Putnin; Respondent: Cecil Walter Jeffs; Respondent: Marjorie Elaine Jeffs
Jurisdiction
Australia
Judgment Date
26 June 1985
Procedural Posture
Bankruptcy Application / Hearing and Judgment
Outcome
Transaction declared void against the applicant under s.122 Bankruptcy Act 1966
Legal Topics
Preference, Partnership Property, Transfer of Property, Insolvency
Bankruptcy Preference Partnership Property Transfer of Property Insolvency

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Parties

Janine Maree Tarrant

Bankrupt

Bernard Putnin

Applicant

Cecil Walter Jeffs

Respondent

Marjorie Elaine Jeffs

Respondent

Procedural Posture

Bankruptcy Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the transaction transferring a caravan from the bankrupt to the respondents constitutes a voidable preference under s.122 of the Bankruptcy Act 1966
  2. 2 Whether property in the caravan had passed to the partnership under the agreement to purchase
  3. 3 Effect of a prior Supreme Court decision that the bankrupt had no property in the caravan

Ratio Decidendi

The transaction transferring the caravan back to the respondents was a preference within the meaning of s.122(1) of the Bankruptcy Act 1966, and property in the caravan is that of the partnership, not of the bankrupt in her individual capacity; therefore, the transaction is void as against the trustee.

Court Disposition

Transaction declared void against the applicant under s.122 Bankruptcy Act 1966

Orders

  • The transaction entered into between the bankrupt and the respondents on or about 14 March 1984 in relation to the caravan is void against the applicant pursuant to s.122 of the Bankruptcy Act 1966.
  • Liberty to the parties to apply for further orders as appropriate.