Halse v Norton

Case [1997] FCA 673


FEDERAL COURT OF AUSTRALIA

BANKRUPTCY - application under s139ZS of the Bankruptcy Act 1966 to set aside s139ZQ notice - whether there is onus of proof on applicant to disprove matters relied upon in notice.

EVIDENCE  -  admissibility of financial statements of corporation - relevance of documents to question  -  whether shares in corporation represented valuable consideration.

Bankruptcy Act 1966 (Cth) Pt VI, Div 4B, Subdiv J (ss139ZQ-139ZT); Div 3 (ss120-121); ss120(1), 120(2), 120(5), 121(1), 122(3), 123(2), 124(2), 139ZQ(2), 139ZQ(4), 139ZR(1), 139ZR(2), 139ZR(3), 139ZS(1), 139ZT(1)
Bankruptcy Amendment Act 1991
The Constitution, Ch III
Corporations Law s1305

Barton v Official Receiver (1986) 161 CLR 75
Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245
Cannane v Official Trustee in Bankruptcy as trustee of the Bankrupt Estate of Cannane (1996) 136 ALR 406
Century 21 (South Pacific) Pty Ltd (in liq) v Century 21 Real Estate Corporation (1996) 136 ALR 687
Commissioner for Railways (NSW) v Wynward Holdings Ltd [1971] 2 NSWLR 70
Dillon v R [1982] AC 484
Harkness v Partnership Pacific Limited (1997) 143 ALR 227
Re Lucera (1994) 53 FCR 329
Re McLernon; Ex parte SWF Hoists and Industrial Equipment Pty Ltd v Prebble (1995) 58 FCR 391
Norton v Halse as Trustee of the Bankrupt Estate of Payne (1996) 137 ALR 593
Official Trustee in Bankruptcy v Mitchell (1992) 38 FCR 364
Re Pearson (1993) 46 FCR 55
Theo v Official Trustee in Bankruptcy (1996) 34 ATR 404
Ward v Aitken, Court of Appeal (UK), The Times, 14 October 1996

ALDEN JOHN HALSE as Trustee of the Property of Neville Ross Payne, a Bankrupt v MICHAEL NORMAN NORTON
WAG78 OF 1996

BLACK CJ, LEE, R D NICHOLSON JJ
PERTH
23  JULY 1997

IN THE FEDERAL COURT     )          GENERAL DISTRIBUTION
OF AUSTRALIA  )
WESTERN AUSTRALIA         )
DISTRICT REGISTRY             )
GENERAL DIVISION              )          NO.  WAG78 OF 1996

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

B E T W E E N:  ALDEN JOHN HALSE as Trustee of the Property of Neville Ross Payne, a Bankrupt

Appellant

(First Respondent)

AND:MICHAEL NORMAN NORTON

Respondent

(Applicant)

COURT:    BLACK CJ, LEE, R D NICHOLSON JJ
PLACE:     PERTH
DATED:    23 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

The  appeal be dismissed with costs.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA     )

)
WESTERN AUSTRALIA DISTRICT REGISTRY )          No: WAG 78 of 1996
  )
GENERAL DIVISION  )

ON APPEAL FROM A SINGLE JUDGE OF
  THE FEDERAL COURT OF AUSTRALIA

BETWEEN:    ALDEN JOHN HALSE as
  Trustee of the Property of
  Neville Ross Payne, a Bankrupt
Appellant (First Respondent)

AND:             MICHAEL NORMAN
  NORTON
  Respondent (Applicant)

COURT :       BLACK CJ, LEE, R D NICHOLSON JJ.
PLACE  :       PERTH          
DATED :       23 JULY 1997

REASONS FOR JUDGMENT

BLACK CJ:

The main issue in this appeal is whether s 139ZS of the Bankruptcy Act 1966 (“the Act”) imposed an onus upon…

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Halse v Norton [1997] FCA 673
Case
[1997] FCA 673
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CaseChat Overview and Summary

The appeal in Halse v Norton, heard by Black CJ, Lee, and R D Nicholson JJ, involved an application to set aside a notice under s 139ZS of the Bankruptcy Act 1966. The central issue was whether the applicant, Mr Norton, bore the onus of proving that Subdivision J of Division 4B of Part VI of the Act did not apply to him. The court concluded that the onus of proof remained on the trustee, as per Division 3 of the Act, which deals with the property available for the payment of a bankrupt's debts. The court found that Subdivision J only changed the position concerning the onus of proof by requiring the applicant to present sufficient evidence to challenge the validity of the notice. The appeal was dismissed with costs.

In addition, the court addressed the admissibility of financial statements of the corporation, Elgin, which were relevant to the question of whether the shares in Elgin represented valuable consideration. The court held that the financial statements were admissible as they were kept by Elgin under a requirement of company law and were relevant to the issue of whether valuable consideration was provided for the transaction. The appeal was dismissed with costs.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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