Cunningham (Trustee) v Gapes, in the matter of Gapes (Bankrupt) [2017] FCA 787

13Jul2017

PRACTICE AND PROCEDURE – application for summary judgment under Federal Court of Australia Act 1976 (Cth) s 31A – whether respondent has more than a fanciful prospect of defending proceeding – no factual or evidentiary dispute to justify trial – legal principles clear 

BANKRUPTCY – where bankrupt was beneficiary of mother’s will – where payment from mother’s superannuation fund to her deceased estate – bankrupt had interest in residue of mother’s estate – where no direct payment from superannuation fund to bankrupt – whether payment from third party deceased estate to wife of bankrupt was property divisible among creditors of bankrupt – whether bankrupt had interest in mother’s superannuation fund as beneficiary of mother’s will – whether money retained character of a payment from a superannuation fund after it was paid to deceased estate – Bankruptcy Act 1966 (Cth) ss 58116(2)(d)(iii),116(2)(d)(iv). Read more