FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FLETCHER v GEORGE & ORS (NO.6) | [2009] FMCA 69 |
| BANKRUPTCY – Summary dismissal – determination of various trusts alleged by the bankrupt in respect of certain property – will trusts – resulting and/or constructive trusts – indefeasibility of title by the mortgagee. |
| Bankruptcy Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Magistrates Act1999 (Cth) Land Title Act1994 (Qld) Property Law Act 1974 (Qld) Trusts Act1973 (Qld) |
| Bahr v Nicolay (No 2) (1988) 164 CLR 604 HAJ Ford & WA Lee, Principles of the Law of Trusts, Thompson Law Book Co, North Ryde, 2006 |
| Applicant: | WILLIAM JOHN FLETCHER AS TRUSTEE FOR THE BANKRUPT ESTATE OF LAUREN KAY GEORGE |
| First Respondent: | LAUREN KAY GEORGE |
| Second Respondent: | DR PETER IRONSIDE PTY LTD ACN 008 126 387 |
| Third Respondent: | DR PETER DOUGLAS IRONSIDE |
| Fourth Respondent: | NATIONAL AUSTRALIA BANK |
| Fifth Respondent: | SUSAN WILSON |
| Sixth Respondent: | RICHARD SIEBERT |
| File Number: | BRG 709 of 2008 |
| Judgment of: | Burnett FM |
| Hearing dates: | 8, 9 & 10 December 2008 |
| Delivered at: | Brisbane |
| Delivered on: | 9 February 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr Coulsen |
| Solicitors for the Applicant: | Holman Webb Lawyers |
| The First Respondent appears on her own behalf |
| Counsel for the Second Respondent: | Mr Galloway |
| Solicitors for the Second Respondent: | Bell Dixon Butler |
| Counsel for the Third Respondent: | Mr Galloway |
| Solicitors for the Third Respondent: | Bell Dixon Butler |
| Counsel for the Fourth Respondent: | Mr Morgan |
| Solicitors for the Fourth Respondent: | Thynne & Macartney |
| Solicitors for the Fifth Respondent: | Lewis & McNamara |
ORDERS
Declare that the Heads of Agreement dated 19 February 2008 and exhibited at WJF-8 to the Affidavit of William John Fletcher sworn
29 October 2008remains valid and enforceable.
Declare that as at 24 February 2006 the legal and beneficial ownership of Lot 13 on SP145714, County of Stanley, Parish of Moggill, Title reference 50440445 vests in Applicant as trustee of the bankrupt estate.
Declare that as at 24 February 2006 the legal and beneficial ownership of the Toyota landcruiser with the licence plate 590FXR, VIN Number: JT11UJA509019411 (V), Engine…
Keep reading for free
Create a free CaseChat account to read Fletcher v George and Ors (No.6) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] FMCA 69
- Decision Date
CaseChat Overview and Summary
The court considered the nature and intent of the agreements, along with the circumstances surrounding their creation and execution. It was determined that the Heads of Agreement and the Deed of Settlement were valid and enforceable, given that they were clear, mutual, and had been accepted by all parties involved. The ownership claims were also substantiated by the evidence provided, which showed that the assets in question vested in the applicant as trustee of the bankrupt estate as of 24 February 2006. Consequently, the court found in favour of the applicant on these points.
In light of the findings, the court made several declarations. It confirmed that the Heads of Agreement remained valid and enforceable, and that the applicant held legal and beneficial ownership of the specified property, vehicle, and horse as of the relevant date. The Deed of Settlement was also declared valid and enforceable, with an order for its performance. The court adjourned the trial for issues related to the relief sought in specific paragraphs of the amended application.
Orders
Orders of the court
1.
Declare that the Heads of Agreement dated 19 February 2008 and exhibited at WJF-8 to the Affidavit of William John Fletcher sworn
29 October 2008
remains valid and enforceable.
2.
Declare that as at 24 February 2006 the legal and beneficial ownership of Lot 13 on SP145714, County of Stanley, Parish of Moggill, Title reference 50440445 vests in Applicant as trustee of the bankrupt estate.
3.
Declare that as at 24 February 2006 the legal and beneficial ownership of the Toyota landcruiser with the licence plate 590FXR, VIN Number: JT11UJA509019411 (V), Engine Number: 1FZ0444996 vests in Applicant as trustee of the bankrupt estate.
4.
Declare that as at 24 February 2006 the legal and beneficial ownership of the Hanoverian mare known as Stellamarra with the microchip number 939000001109809 vests in the Applicant as trustee of the bankrupt estate.
5.
Declare that Deed of Settlement between the Applicant and Susan Jane Wilson dated 28 October 2008 remains valid and enforceable and that it be performed.
6.
Adjourn for trial issues arising from relief sought in paragraphs 3, 4 and 10 of the amended application.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.