Re Webster, Eric David Ex Parte Pegler, Roy Leslie & Anor [1980] FCA 211

Re Webster, Eric David Ex Parte Pegler, Roy Leslie & Anor [1980] FCA 211

The evidence established all the elements required by s. 120(1) and (2) of the Bankruptcy Act 1966, so the trusts contained in both deeds dated 26 November 1979 were void as against the trustee in the bankruptcy, and the ancillary vesting and restraining orders were appropriate.

Jurisdiction
Australia
Judgment Date
22 September 1980
Procedural Posture
Bankruptcy Application Under S. 120 of the Bankruptcy Act 1966 for Declarations That Settlements of Property Are Void Against the Trustee / Final Orders and Reasons for Judgment
Outcome
Application granted.
Legal Topics
['void Settlements of Property' 'trustee in Bankruptcy' 'discretionary Family Trust' 'vesting of Shares' 'injunctive Ancillary Relief']
['bankruptcy' 'trusts' 'property'] ['void Settlements of Property' 'trustee in Bankruptcy' 'discretionary Family Trust' 'vesting of Shares' 'injunctive Ancillary Relief']

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Procedural Posture

Bankruptcy Application Under S. 120 of the Bankruptcy Act 1966 for Declarations That Settlements of Property Are Void Against the Trustee / Final Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the trusts contained in a deed of trust dated 26 November 1979 were void as against the trustee in the bankruptcy of the bankrupt under s. 120 of the Bankruptcy Act 1966.' 'Whether the trusts contained in a deed of settlement dated 26 November 1979 were void as against the trustee in the bankruptcy of the bankrupt under s. 120 of the Bankruptcy Act 1966.' 'Whether ancillary orders should be made vesting shares in the trustee and restraining dealings with the Pittwater Road property.']

Ratio Decidendi

The evidence established all the elements required by s. 120(1) and (2) of the Bankruptcy Act 1966, so the trusts contained in both deeds dated 26 November 1979 were void as against the trustee in the bankruptcy, and the ancillary vesting and restraining orders were appropriate.

Court Disposition

Application granted.

Orders

  • ['Declared that the trusts contained in the deed of trust dated 26 November 1979, Exhibit E, are void as against the trustee in the bankruptcy of the bankrupt.' 'Declared that the trusts contained in the deed of settlement dated 26 November 1979, Exhibit D, are void as against the trustee in the bankruptcy of the...