Re Starkey, G.L. v. Ex parte Douglas, A.D. [1987] FCA 380

Re Starkey, G.L. v. Ex parte Douglas, A.D. [1987] FCA 380

The bill of sale, executed before the relevant six-month period and registered pursuant to Queensland law, is not void as a preference or settlement; valuable consideration was given for its execution; and the transaction stands, so the trustee's application is dismissed.

Source-derived case information.

Parties
Applicant: Graham Lindsay Starkey; Assignor: Alexander David Douglas; Respondent: A.J. Douglas; Respondent: Mrs. Douglas
Jurisdiction
Australia
Judgment Date
20 July 1987
Procedural Posture
Application / Judgment
Outcome
application dismissed
Legal Topics
Set Aside Security, Effectiveness of Bill of Sale, Settlement Under Bankruptcy Act, Consideration in Contract
Bankruptcy Bills of Sale Stamp Duties Contract Set Aside Security Effectiveness of Bill of Sale Settlement Under Bankruptcy Act Consideration in Contract

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Graham Lindsay Starkey

Applicant

Alexander David Douglas

Assignor

A.J. Douglas

Respondent

Mrs. Douglas

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether a Queensland bill of sale is effective from execution, stamping, or registration
  2. 2 Whether the bill of sale constitutes a 'settlement' under s.120 of the Bankruptcy Act
  3. 3 Whether parol evidence is admissible to contradict the date of the bill of sale

Ratio Decidendi

The bill of sale, executed before the relevant six-month period and registered pursuant to Queensland law, is not void as a preference or settlement; valuable consideration was given for its execution; and the transaction stands, so the trustee's application is dismissed.

Court Disposition

application dismissed

Orders

  • The application made by the trustee be dismissed.
  • The trustee pay the respondents' costs of and incidental to the application, to be taxed.