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Lane V Oakley

Federal Court of Australia

Judgment Date:
2019-02-14

Abstract:
The Federal Court of Australia (FCA) has declared that the registered mortgage and mortgage agreement in favour of the bankrupt's daughter were void against the trustees in bankruptcy of the estate, pursuant to the (CTH) Bankruptcy Act 1966 s 121(1). The FCA found that the bankrupt's main purpose in giving the bankrupt's daughter the registered mortgage and mortgage agreement was to prevent the division of the transferred property among the bankrupt's creditors.

Mortgages and securities | Mortgages | Default | Possession

Published:
8/03/2019
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