GALE V. JAQUES

GALE V. JAQUES

The conclusions of the trial judge regarding ownership and the satisfaction of statutory conditions were correct on the evidence, and there was no substance to the appeal.

Parties
Appellant: Gale; Respondent: Jaques
Jurisdiction
Australia
Judgment Date
04 May 1954
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Sequestration Order, Ownership of Motor Vehicle, Confirmation of Title, Section 96
Bankruptcy Sequestration Order Ownership of Motor Vehicle Confirmation of Title Section 96

Case Brief

Summary, issues, holding and outcome

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Parties

Gale

Appellant

Jaques

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether at the time of the impeached transaction the bankrupt was the owner of the motor car
  2. 2 Whether the appellant entered into a real transaction by which he acquired ownership of the vehicle
  3. 3 If so, whether conditions precedent to confirmation of title under Section 96 of the Act were satisfied

Ratio Decidendi

The conclusions of the trial judge regarding ownership and the satisfaction of statutory conditions were correct on the evidence, and there was no substance to the appeal.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs