Lawrence & Hanson Group Pty Ltd, in the matter of Pugliese v Pugliese [2016] FCA 1278

Lawrence & Hanson Group Pty Ltd, in the matter of Pugliese v Pugliese [2016] FCA 1278

Leave was granted as the applicants' caveat would lapse imminently without action, their claim relates to an asserted equitable proprietary interest, proceedings are appropriately adjudicated in the Supreme Court, and the grant was not contrary to bankruptcy policy nor prejudicial to the estate.

Parties
First Applicant: Lawrence & Hanson Group Pty Ltd; Second Applicant: Sonepar Asia Pacific Ltd; First Respondent: Michael Pugliese; Second Respondent: Aaron Kevin Lucan as Trustee in Bankruptcy for Michael Pugliese; Interested Other: Mrs Pugliese
Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Application for Leave Under Bankruptcy Act 1966 (cth) / Judgment Granting Leave to Commence Proceedings
Outcome
Leave granted to applicants to commence proceedings in Supreme Court of New South Wales.
Legal Topics
Caveats, Equitable Interest, Bankruptcy Proceedings, Secured Creditors
Bankruptcy and Insolvency Property Law Commercial Law Caveats Equitable Interest Bankruptcy Proceedings Secured Creditors

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Parties

Lawrence & Hanson Group Pty Ltd

First Applicant

Sonepar Asia Pacific Ltd

Second Applicant

Michael Pugliese

First Respondent

Aaron Kevin Lucan as Trustee in Bankruptcy for Michael Pugliese

Second Respondent

Mrs Pugliese

Interested Other

Procedural Posture

Application for Leave Under Bankruptcy Act 1966 (cth) / Judgment Granting Leave to Commence Proceedings

Legal Issues

  1. 1 Whether leave should be granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to commence proceedings seeking extension of caveat and declaration of equitable interest in property

Ratio Decidendi

Leave was granted as the applicants' caveat would lapse imminently without action, their claim relates to an asserted equitable proprietary interest, proceedings are appropriately adjudicated in the Supreme Court, and the grant was not contrary to bankruptcy policy nor prejudicial to the estate.

Court Disposition

Leave granted to applicants to commence proceedings in Supreme Court of New South Wales.

Orders

  • Leave be granted, pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth), to the applicants to commence and prosecute proceedings in the Supreme Court of New South Wales seeking (a) an order that registered caveat number AI871374 be extended until further order; and (b) a declaration that the applicants have an...