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[1976] HCA 56
High Court of Australia
1976-07-01
Aickin JJ, Gibbs J
Original judgment source is linked above.
For the reasons expressed by Gibbs J., I consider that the decision of this Court in Gosling v. McCombie [11] is distinguishable from the facts of the present case and that the appellant's interest as joint tenant of an estate in fee simple in the land at Yowie Bay is not caught by s. 111 of the Bankruptcy Act. Accordingly, the declaration that the appellant's interest in the land is property of the bankrupt made available by her to her husband should not have been made and the appeal should be allowed.
I have had the advantage of reading the reasons for judgment prepared by Gibbs J. I agree with those reasons and the conclusion and have nothing to add.
Thompson
Smith
High Court of Australia Gibbs, Mason and Aickin JJ. Thompson v Smith [1976] HCA 56