Cummins v the Trustees of the Property of John Daniel Cummins¸ A Bankrupt

JurisdictionAustralia Federal only
JudgeGleeson CJ,Gummow,Hayne,Heydon,Crennan JJ
Judgment Date07 March 2006
Neutral Citation2006-0307 HCA A,[2006] HCA 6
CourtHigh Court
Docket NumberS286/2005
Date07 March 2006
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79 cases
4 firm's commentaries
  • Full Federal Court decision confirms creditors can be impending
    • Australia
    • Mondaq Australia
    • 6 October 2014
    ...actual - creditors in establishing the bankrupt's main purpose and in determining insolvency under s121(2). Footnotes 1[2014] FCA 80. 2(2006) 227 CLR 278. 3Windoval Pty Limited (Trustee) v Donnelly (Trustee), in the Matter of Donnelly (Trustee) [2014] FCAFC 127. 4Barton v Deputy Commissione......
  • Property & Projects – What's News - 2 October 2013
    • Australia
    • Mondaq Australia
    • 8 October 2013
    ...95 CLR 353 - Martin v Martin [1959] HCA 62; (1959) 110 CLR 297 - Pearson v Pearson [1961] VicRp 108; [1961] VR 693 - Cummins v Cummins, (2006) 227 CLR 278 - Relationship between the plaintiff and fifth defendant - Whether fifth defendant intended plaintiff's legal interest be held on trust ......
  • Can a bankrupt intend to defeat 'impending' as well as known creditors?
    • Australia
    • Mondaq Australia
    • 15 April 2014
    ...be inferred from all the circumstances that, at the time of the transfer, the transferor was, or was about to become, insolvent. 3(2006) 227 CLR 278. 4Ashton v Prentice [1998] FCA 1464. 5Prentice v Cummins (No 5) (2002) 124 FCR 67 at The content of this article is intended to provide a gene......
  • International Legal News Volume 1 Issue 3 - June 20, 2006
    • United States
    • JD Supra United States
    • 20 June 2006
    ...of Australia handed down a unanimous decision in The Trustees of the Property of John Daniel Cummins, A Bankrupt v Mary Elizabeth Cummins [2006] HCA 6, which addressed, among other things, the issue of the evidence required to draw an inference that a bankrupt had transferred property to de......

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