Williams v Arnold [2010] FCA 732

Williams v Arnold [2010] FCA 732

The Court should act in aid of the High Court of England and Wales under s 29(2)(a) because Mr Arnold was adjudged bankrupt in the United Kingdom and Mr Williams was appointed trustee of his bankruptcy estate. The Kalandar Street Property was acquired by Mr Arnold before the bankruptcy and remained registered in his name, so it was appropriate to declare it vested in Mr Williams and order possession. No orders should be made for the Kinghorne Street Property because the evidence did not show it was property of the bankrupt estate. Mr Williams was a person aggrieved by Corpers' deregistration, reinstatement was just, the register should record him as holder of Mr Arnold's shares, and it...

Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Application for Aid in Bankruptcy Under S 29(2)(a) of the Bankruptcy Act 1966 (cth) and Related Corporations Act 2001 (cth) Orders / Final Orders and Reasons for Judgment on Letter of Request
Outcome
Application granted in part; recognition, vesting and possession orders made for the Kalandar Street Property, Corpers reinstated and wound up, but no orders made in relation to the Kinghorne Street Property on the present evidence.
Legal Topics
['recognition of Foreign Bankruptcy Trustee' 'court Acting in Aid of Prescribed Country Bankruptcy Court' 'vesting and Possession of Australian Property' 'reinstatement of Deregistered Company' 'correction of Company Register' 'just and Equitable Winding Up']
['bankruptcy and Insolvency' 'corporations Law' 'private International Law'] ['recognition of Foreign Bankruptcy Trustee' 'court Acting in Aid of Prescribed Country Bankruptcy Court' 'vesting and Possession of Australian Property' 'reinstatement of Deregistered Company' 'correction of Company Register' 'just and Equitable Winding Up']

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Procedural Posture

Application for Aid in Bankruptcy Under S 29(2)(a) of the Bankruptcy Act 1966 (cth) and Related Corporations Act 2001 (cth) Orders / Final Orders and Reasons for Judgment on Letter of Request

Legal Issues

  1. 1 ["Whether the Federal Court should act in aid of and be auxiliary to the High Court of England and Wales in relation to Mr Arnold's bankruptcy." "Whether the Kalandar Street Property and the Kinghorne Street Property vested in Mr Williams as trustee of Mr Arnold's bankrupt estate." "Whether Corpers (No 468) Pty Ltd should be reinstated, its register corrected to record Mr Williams as holder of Mr Arnold's shares, and the company wound up on the just and equitable ground."]

Ratio Decidendi

The Court should act in aid of the High Court of England and Wales under s 29(2)(a) because Mr Arnold was adjudged bankrupt in the United Kingdom and Mr Williams was appointed trustee of his bankruptcy estate. The Kalandar Street Property was acquired by Mr Arnold before the bankruptcy and remained registered in his name, so it was appropriate to declare it vested in Mr Williams and order possession. No orders should be made for the Kinghorne Street Property because the evidence did not show it was property of the bankrupt estate. Mr Williams was a person aggrieved by Corpers' deregistration, reinstatement was just, the register should record him as holder of Mr Arnold's shares, and it...

Court Disposition

Application granted in part; recognition, vesting and possession orders made for the Kalandar Street Property, Corpers reinstated and wound up, but no orders made in relation to the Kinghorne Street Property on the present evidence.

Orders

  • ['Pursuant to the letter of request issued by the High Court of Justice Chancery Division of England and Wales dated 14 May 2010, the appointment of Steven John Williams as trustee of the estate of Mark Summers Arnold, a bankrupt, be recognised.' 'The real property known as 66 Kalandar Street, Nowra being the...