Richard Waldie Williamson & Jennifer Anne Williamson v Graham Boyd Wearne,William John Boyd Wearne & Isabelle Napier [1980] FCA 110

Richard Waldie Williamson & Jennifer Anne Williamson v Graham Boyd Wearne,William John Boyd Wearne & Isabelle Napier [1980] FCA 110

Notwithstanding the inaccuracies in the statement of affairs and omission of creditors, the Court was not satisfied that avoiding the deeds would be in the interests of the creditors. The trustees had realised all assets and nothing indicated any practical benefit would arise from avoidance. Accordingly, the application to set aside the deeds was dismissed.

Parties
Applicant: Graham Boyd Wearne; Applicant: William John Boyd Wearne; Applicant: Isabella Napier McPherson Wearne; Debtor: Richard Waldie Williamson; Debtor: Jennifer Anne Williamson; Trustee: Roy Leslie Pegler; Trustee: John William O'Brien; Creditor: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
13 August 1980
Procedural Posture
Bankruptcy Application to Set Aside Deed of Assignment / Application and Judgment
Outcome
application dismissed
Legal Topics
Setting Aside Deed of Assignment, Statement of Affairs in Bankruptcy, Interests of Creditors, Exercise of Court's Discretion Under Bankruptcy Act S. 222
Bankruptcy Setting Aside Deed of Assignment Statement of Affairs in Bankruptcy Interests of Creditors Exercise of Court's Discretion Under Bankruptcy Act S. 222

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Parties

Graham Boyd Wearne

Applicant

William John Boyd Wearne

Applicant

Isabella Napier McPherson Wearne

Applicant

Richard Waldie Williamson

Debtor

Jennifer Anne Williamson

Debtor

Roy Leslie Pegler

Trustee

John William O'Brien

Trustee

Deputy Commissioner of Taxation

Creditor

Procedural Posture

Bankruptcy Application to Set Aside Deed of Assignment / Application and Judgment

Legal Issues

  1. 1 Whether the deeds of assignment should be set aside under s. 222 of the Bankruptcy Act 1966
  2. 2 Whether the inaccuracies in the statement of affairs justify avoiding the deeds
  3. 3 Whether doing so would be in the interests of the creditors and the public

Ratio Decidendi

Notwithstanding the inaccuracies in the statement of affairs and omission of creditors, the Court was not satisfied that avoiding the deeds would be in the interests of the creditors. The trustees had realised all assets and nothing indicated any practical benefit would arise from avoidance. Accordingly, the application to set aside the deeds was dismissed.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • There be no order as to costs.