18 Nov 2009
THE OFFICIAL ASSIGNEE IN BANKRUPTCY V ISRAEL HC HAM CIV 2009-419-001065
- Citation
- openlaw-ea8c948c_04a6_406e_8963_c853ffca05db.pdf
- Court
- High Court
All statutory elements of s55 were established on the undisputed evidence for at least $104,381.06: defendant received sale proceeds, used them to buy property within two years of the bankruptcies, there was no consideration for that portion and the bankrupts' assets were reduced; defendant failed to provide an evidentially-supported defence under r12.2 or s55(3); summary judgment was entered for the plaintiff for $104,381.06 and, if unpaid within two months, the Court ordered steps for vesting and sale of the defendant's property with priority application of proceeds and costs to the plainti…