El-Debel v Micheletto (Trustee) [2021] FCAFC 117 (30 June 2021) (Markovic, Derrington and Colvin JJ)


Catchwords:


BANKRUPTCY AND INSOLVENCY – appeals from decision finding whole or part of interests in properties held on resulting trust for bankrupt – where properties registered in names of parties associated with bankrupt – whether bankrupt provided all or part of purchase price for properties – whether presumption of resulting trust rebutted by evidence of intention of bankrupt to contrary – whether reasoning of primary judge rested upon finding of express oral trust not advanced in hearing – whether interest in property formed part of bankrupt estate of bankrupt’s earlier bankruptcy – whether primary judge erred in using content of file note of solicitor as admission by bankrupt’s mother of a trust – whether primary judge erred in finding payments of purchase price by companies associated with bankrupt were contributions by bankrupt – whether primary judge reasoned by process of impermissible speculation and conjecture – whether principle in Jones v Dunkel should not be applied where witness subjected to compulsory examination – appeals allowed in part