BANKRUPTCY AND INSOLVENCY – application by trustees in bankruptcy to recover proceeds of sale of properties – whether transfers of property void against the trustees under ss 120 and 121 of the Bankruptcy Act 1966 (Cth) – whether alienation of property void against the trustees under s 37A of the Conveyancing Act 1919 (NSW) – whether property was held on constructive trust in favour of bankrupt – equity of exoneration – Anshun estoppel
BANKRUPTCY AND INSOLVENCY – application by trustees in bankruptcy to recover proceeds of sale of properties – whether proceeds held on trust for the bankrupt estate – whether trustees entitled to relief under ss 139D(2) and 139E(2) of the Bankruptcy Act 1966 (Cth) in relation to payments to trust for services provided by bankrupt – whether payments void against trustees under ss 120 and 121 – whether trustees entitled to relief under s 37A of the Conveyancing Act 1919 (NSW) on the same basis – whether trustees entitled to taking of accounts
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0702
For more information, see the original judgement.
