High Court of Australia

Peldan v Anderson [2006] HCA 48

227 CLR 471; 80 ALJR 1588; 229 ALR 432

4 Oct 2006

Case Number: B110/2005

Before

Gummow ACJ, Kirby, Hayne, Callinan, Crennan JJ

Catchwords

Bankruptcy – Transfers to defeat creditors - s 121(1)(a) of the Bankruptcy Act 1966 (Cth) ("the Act") - Transfers of property void against the trustee in bankruptcy if the property would probably have become part of the transferor's estate or would probably have been available to creditors if the property had not been transferred - Where pursuant to s 121(9)(b) of the Act property that did not previously exist is taken to have been transferred for the purposes of s 121 of the Act - Where the bankrupt unilaterally severed a joint tenancy in Torrens title land held between himself and his wife who later died prior to his bankruptcy - Whether s 121(9)(b) of the Act operated so as to take the bankrupt to have transferred property to his wife - Whether that property would probably have become part of the transferor's estate in bankruptcy if the property had not been transferred.

Real property – Joint tenancy - Severance - Torrens system land - Unilateral severance of joint tenancy pursuant to s 59 of the Land Title Act 1994 (Q) - Effect of severance upon property of the bankrupt.

Statute – Statutory construction - Construction of pars (1)(a) and (9)(b) of s 121 of the Act where drafting reflects inconsistent assumptions - Whether possible to render those sub-sections capable of concomitant operation so as to give effect to the text and policy of the Act.

Bankruptcy Act 1966 (Cth) – s 121.

Land Title Act 1994 (Q) – ss 57, 59, 60.

PDF   RTF



PDF MD5: 27d1b8103427b259f5b8a5bde7b1acaa
RTF MD5: 7cb1f3b54a1e2fd66d7d94834bb4eff0