Green v Dare [2003] FCA 172

Green v Dare [2003] FCA 172

The evidence supported the finding that no real consideration was given for the transfer, and the appellant's main purpose in transferring the property was to prevent the creditor from accessing it to satisfy orders, making the transfer void pursuant to ss 120 and 121 of the Bankruptcy Act 1966 (Cth). No error was found in the Federal Magistrate's decision.

Jurisdiction
Australia
Judgment Date
06 March 2003
Procedural Posture
Appeal / Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
['transfers to Defeat Creditors' 'void Transactions' 'bankrupt Estate']
['bankruptcy'] ['transfers to Defeat Creditors' 'void Transactions' 'bankrupt Estate']

Case Brief

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Procedural Posture

Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether transfer of property by the appellant prior to bankruptcy was void against the trustee under sections 120 or 121 of the Bankruptcy Act 1966 (Cth)' 'Whether proper consideration was given for the transfer' "Whether the appellant's main purpose in transferring the property was to prevent it from becoming divisible among creditors"]

Ratio Decidendi

The evidence supported the finding that no real consideration was given for the transfer, and the appellant's main purpose in transferring the property was to prevent the creditor from accessing it to satisfy orders, making the transfer void pursuant to ss 120 and 121 of the Bankruptcy Act 1966 (Cth). No error was found in the Federal Magistrate's decision.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']