Knight, D.A. v Official Trustee in Bankruptcy

THE COURT DECLARES THAT:

1. The transfer by the first respondent, David Alan Knight, to the second respondent, Beverley Carver, on or about 3 January 1992 of the land comprised in Folio Identifier 17/2/1951 is void as against the applicant, the Official Trustee in Bankruptcy.

THE COURT ORDERS THAT:

2. Within 28 days of this day or such further time as the Court or a Judge may allow, the said second respondent execute a memorandum of transfer in registrable form of the said land in favour of the said applicant.

3. The second respondent produce all such documents; and do all such things as are necessary to procure the registration of the said applicant as registered proprietor of the said land.

4. Pending compliance with the said orders the second respondent, her servants and agents, be restrained from disposing of or transferring the said land to any other person or mortgaging or otherwise encumbering the same; and

5. The second and third respondents pay the costs of the applicant and the fourth respondent.

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