Official Trustee in Bankruptcy v Alvaro

Case

[1996] FCA 483

22 MAY 1996


Details
AGLC Case Decision Date
Official Trustee in Bankruptcy v Alvaro [1996] FCA 483 [1996] FCA 483 22 MAY 1996

CaseChat Overview and Summary

In Official Trustee in Bankruptcy v Giuseppe Alvaro, the Official Trustee sought the voiding of various property dispositions and the transfer of properties to him as trustee of the bankrupt estate. The court found that the transfer of Giuseppe Alvaro's right, title, and interest in the house property at 18 Itala Avenue, Croydon Park, South Australia, to Paul Alvaro as trustee of the Giuseppe Alvaro Family Trust was void as against the Official Trustee in Bankruptcy. Giuseppe Alvaro and Paul Alvaro (as trustee of the Giuseppe Alvaro Family Trust) were ordered to pay one half of the Official Trustee in Bankruptcy's costs. In Official Trustee in Bankruptcy v Paul Alvaro, the court found that the disposition of $35,750 made by Paul Alvaro on 30 November 1981 to P & R Alvaro Enterprises Pty Ltd was void as against the Official Trustee in Bankruptcy. The house property at 14-16 Lombard Street, North Adelaide, South Australia, was charged with the payment to the Official Trustee in Bankruptcy of $35,750 plus interest at ten percent per annum from 2 December 1992. The disposition of $9,389 made by Paul Alvaro on 14 December 1983 was void as against the Official Trustee in Bankruptcy. The house property at 630 Seaview Road, Grant, South Australia, was charged with the payment to the Official Trustee in Bankruptcy of $9,389 plus interest at ten percent per annum from 2 December 1992. The Official Trustee in Bankruptcy was ordered to pay to Paul Alvaro Jnr, Elena Alvaro, and Maria Concetta Alvaro any costs incurred by them in the proceeding that were not costs that were incurred in connection with the representation of any other party. Paul Alvaro, Rosina Alvaro, and P & R Alvaro Enterprises Pty Ltd (as trustee of the Paul Alvaro Family Trust) were ordered to pay to the Official Trustee in Bankruptcy thirty percent of the costs incurred by him in relation to the appeal.
Details

Areas of Law

  • Bankruptcy Law

  • Property Law

Legal Concepts

  • Disposition of Property

  • Intent to Defraud Creditors

  • Fraudulent Conveyance

  • Sham Transaction

  • Resulting Trust

  • Costs

Actions
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Cases Cited

44

Statutory Material Cited

0

Dearman v Dearman [1908] HCA 84
Cited Sections