Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt) [2017] FCA 567

BANKRUPTCY – preference under s 122 of Bankruptcy Act 1966 (Cth) – after-acquired property vests in trustees under s 58 of Bankruptcy Act 1966 (Cth) – whether loan agreement between third party and bankrupt to discharge debt to Commissioner was a transfer of property – alternatively, whether loan moneys vested in trustees – Held: loan agreement created a Quistclose trust – application dismissed. Click here