15 Aug 2007
THE OFFICIAL ASSIGNEE IN BANKRUPTCY OF THE PROPERTY OF NOEL RICHARD JOHNSON V ANNETTE FRANCES JOHNSON CA CA252/06
- Citation
- openlaw-82ca9ccf_6df1_4f68_ad32_e5a5e72befda.pdf
- Court
- Court of Appeal
The appeal was dismissed because the Court was not persuaded Venning J was wrong to find that at the time the MPA was executed Mr Johnson's dominant intention was to separate business from personal/matrimonial assets and not to defeat creditors; the established facts admitted reasonable non-fraudulent explanations, later adverse findings and hindsight could not be read back to establish the requisite actual intention, and there was no factual basis to treat the transaction as a voluntary alienation by an insolvent debtor.