Re Dunn, William Robert Ex parte Andrew, William Edward [1981] FCA 60

Re Dunn, William Robert Ex parte Andrew, William Edward [1981] FCA 60

The deed of assignment executed in New South Wales, signed and attested, is deemed sealed under s. 38(3) of the Conveyancing Act 1919 (N.S.W.) and therefore is not void under s. 213(2) of the Bankruptcy Act 1966 (Cth.).

Jurisdiction
Australia
Judgment Date
22 May 1981
Procedural Posture
Application for Declaration / Judgment and Orders
Outcome
Application granted
Legal Topics
['part X Deed of Assignment' 'execution of Deeds' 'requirements for Validity' 'sealing of Deeds']
['bankruptcy' 'property Law'] ['part X Deed of Assignment' 'execution of Deeds' 'requirements for Validity' 'sealing of Deeds']

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Procedural Posture

Application for Declaration / Judgment and Orders

Legal Issues

  1. 1 ['Whether the deed of assignment is void for lack of seals under Bankruptcy Act s. 213(2)' 'Whether the deed executed in New South Wales is validly sealed under New South Wales law']

Ratio Decidendi

The deed of assignment executed in New South Wales, signed and attested, is deemed sealed under s. 38(3) of the Conveyancing Act 1919 (N.S.W.) and therefore is not void under s. 213(2) of the Bankruptcy Act 1966 (Cth.).

Court Disposition

Application granted

Orders

  • ["It be declared that the deed dated 18 May 1979 between William Richard Dunn as debtor and William James Hamilton as trustee being exhibit 'A' in these proceedings is not void on the ground that it does not in fact bear the seal of either of the parties thereto." 'Costs of the applicant of and incident to the...