Re Cois, N. & Anor v Devery, J. & Anor [1995] FCA 484

The $10,000.00 payment by Mr Cois from his Suncorp account was not paid as wages owed nor for valuable consideration, and constituted a voidable settlement under s.120. The second respondent must pay the sum to the trustee.

Jurisdiction: Australia
Judgment Date: 07 July 1995
Procedural Posture: Bankruptcy Application / Final Judgment
Outcome: The second respondent is ordered to pay the applicant trustee $10,000.00; no order as to costs between the parties; liberty to apply granted.
Legal Topics: ['voidable Settlements' 'property Transfer' 'trustee Powers' 'bankruptcy Act S.120' 'bankruptcy Act S.139 Zq']

['bankruptcy'] ['voidable Settlements' 'property Transfer' 'trustee Powers' 'bankruptcy Act S.120' 'bankruptcy Act S.139 Zq']

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Procedural Posture

Bankruptcy Application / Final Judgment

Legal Issues

1 ['Whether payment of $10,000.00 by the bankrupt constituted a settlement of property under s.120 of the Bankruptcy Act' 'Entitlement to the Landrover Discovery vehicle for the bankrupt estate' 'Whether the trustee can recover the sum from the second respondent']

Ratio Decidendi

Court Disposition

The second respondent is ordered to pay the applicant trustee $10,000.00; no order as to costs between the parties; liberty to apply granted.

Orders

['The second respondent pay to the applicant trustee the sum of $10,000.00 within six weeks of the order date.' 'No order as to costs.' 'Liberty to apply granted.']