Donnelly v McIntyre

The matter was brought by Max Donnelly, the Trustee of the property of Leslie John King, a bankrupt, against Donna McIntyre, Farndale Holdings Pty Ltd and King. The Trustee sought a declaration that certain property was vested in the Trustee pursuant to s 58 of the Bankruptcy Act 1966 (Cth) and that certain transactions were voidable settlements. The court found that the business known as the "Gateway Newsagency" and all property and assets pertaining to the business at the premises shop 507, The Gateway, 1 Macquarie Place, Sydney together with a lease of the Premises between Permanent Trustee Australia Limited and McIntyre comprised property of the bankrupt vested in the Trustee and devisable amongst the creditors of the Bankrupt pursuant to s 116(1)(a) of the Bankruptcy Act 1966 (Cth). The court also found that the disposition of the leasehold interest in the Premises by King in relation to the Premises is void against the Trustee. The court ordered that McIntyre transfer the leasehold interest to the Trustee and that McIntyre and Farndale Holdings Pty Ltd account to the Trustee for any profits derived by them for the conduct of the business and the use of such property and assets since 30 October 1992. The court also ordered that the respondents pay the Trustee's costs of the proceedings.