Re Cullen, J.B. & Anor v. Ex parte The Official Trustee in Bankruptcy [1985] FCA 681

Re Cullen, J.B. & Anor v. Ex parte The Official Trustee in Bankruptcy [1985] FCA 681

Failure to comply with the notice provisions of s.194(1), and lack of distinction between joint and separate creditors as required under Bankruptcy Rules, render the deeds of assignment invalid.

Parties
Debtor: John Brian Cullen; Debtor: Annie Jean Cullen; Trustee: John Ramsay Paul Partridge; Applicant: The Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
03 December 1985
Procedural Posture
Bankruptcy Application / Judgment
Outcome
Declarations that the three deeds of assignment are invalid
Legal Topics
Deeds of Assignment, Validity of Meeting and Resolutions, Joint and Separate Estates, Notice Requirements
Bankruptcy Deeds of Assignment Validity of Meeting and Resolutions Joint and Separate Estates Notice Requirements

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Parties

John Brian Cullen

Debtor

Annie Jean Cullen

Debtor

John Ramsay Paul Partridge

Trustee

The Official Trustee in Bankruptcy

Applicant

Procedural Posture

Bankruptcy Application / Judgment

Legal Issues

  1. 1 Whether deeds of assignment entered into within 14 days of signing authorities under s. 188 of Bankruptcy Act 1966 are void
  2. 2 Whether failure to distinguish joint and separate creditors at the meeting invalidates the deed

Ratio Decidendi

Failure to comply with the notice provisions of s.194(1), and lack of distinction between joint and separate creditors as required under Bankruptcy Rules, render the deeds of assignment invalid.

Court Disposition

Declarations that the three deeds of assignment are invalid

Orders

  • The deed of assignment entered into by John Brian Cullen, Annie Jean Cullen and John Ramsay Paul Partridge on 10 November 1982 is invalid.
  • The deed of assignment entered into by John Brian Cullen on 10 November 1982 and John Ramsay Paul Partridge on 23 November 1982 is invalid.