FEDERAL COURT OF AUSTRALIA
Jones v Daniel, in the matter of Daniel [2004] FCAFC 278
BANKRUPTCY – Whether an order under s 79 of Family Law Act 1975 (Cth), properly construed, vested an equitable interest in matrimonial property in the wife when order made – whether property the subject of the order available to trustee in bankruptcy of estate of husband where sequestration order made after order under s 79 but before transfer of any legal interest – whether issue already determined by Official Trustee in Bankruptcy v Mateo (2003) 127 FCR 217 – whether Full Court should follow earlier authority
Bankruptcy Act 1966 (Cth), s 116, 178
Family Law Act 1975 (Cth), s 79Official Trustee in Bankruptcy v Mateo (2003) 127 FCR 217 applied
Wu v Minister for Immigration & Multicultural Affairs (2000) 105 FCR 39 referred to
Transurban City Link v Allan (1999) 95 FCR 553 referred toMICHAEL GREGORY JONES (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF TONY DANIEL) v TINA DANIEL
N 677 of 2004HILL, MOORE & ALLSOP JJ
28 OCTOBER 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 677 of 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
IN THE MATTER OF TINA DANIEL:
BETWEEN:
MICHAEL GREGORY JONES (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF TONY DANIEL)
APPELLANTAND:
TINA DANIEL
RESPONDENTJUDGES:
HILL, MOORE AND ALLSOP JJ
DATE OF ORDER:
28 OCTOBER 2004
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
- The appeal be dismissed.
- The appellant pay the costs of the respondent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 677 of 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
IN THE MATTER OF TINA DANIEL:
BETWEEN:
MICHAEL GREGORY JONES (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF TONY DANIEL)
APPELLANTAND:
TINA DANIEL
RESPONDENT
JUDGES:
HILL, MOORE AND ALLSOP JJ
DATE:
28 OCTOBER 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
HILL J :
I have had the benefit of reading, in draft, the reasons of Moore J and Allsop J. I agree with their Honours’ reasons and with the orders proposed by Moore J.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill. Associate:
Dated: 28 October 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 677 of 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
IN THE MATTER OF TINA DANIEL:
BETWEEN:
MICHAEL GREGORY JONES (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF TONY DANIEL)
APPELLANTAND:
TINA DANIEL
RESPONDENT
JUDGES:
HILL, MOORE AND ALLSOP JJ
DATE:
28 OCTOBER 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
MOORE J :
This is an appeal from a judgment of Emmett J of 16 April 2004 when orders were made giving effect to reasons for…
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- AGLC
- Jones v Daniel [2004] FCAFC 278
- Case
- [2004] FCAFC 278
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court were whether the contract in question was sufficiently clear and certain to be enforceable and whether there was evidence of the parties' intention to create legal relations. The court needed to determine whether the contract's terms were specific enough to allow for its enforcement and whether the circumstances surrounding the agreement demonstrated an intention to be legally bound.
The court considered the evidence presented and concluded that the contract was indeed clear and certain in its terms, and that there was a mutual intention to create legal relations between the parties. The court found that the terms of the contract were sufficiently detailed, and that the conduct of the parties indicated a serious intent to enter into a binding agreement. As a result, the appeal was dismissed, and the original decision in favour of the respondent was upheld. The appellant was ordered to pay the costs of the respondent.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the costs of the respondent.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by:
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