Goddard, Re I.G. Allen, Ex Parte R. & Ors [1986] FCA 526

Goddard, Re I.G. Allen, Ex Parte R. & Ors [1986] FCA 526

Although the administration of Mr. Goddard's estate was unsatisfactory, the facts had been sufficiently elicited in the existing proceedings and no further inquiry or examination was necessary. Mr. Ahern consented to removal as trustee and was removed. The claim for payment of $522.61 failed because the sum was after-acquired property. The applications against Mr. Knight and the remaining applications against Mr. Ahern were dismissed because a sufficiently specific prima facie basis for further inquiry, examination, or cancellation of registration was not established on the applications before the Court.

Jurisdiction
Australia
Judgment Date
14 November 1986
Procedural Posture
Bankruptcy Applications Concerning Conduct and Registration of Registered Trustees / Reasons for Judgment and Orders on Applications by the Deputy Registrar
Outcome
Mr. Ahern was removed by consent as trustee of the estate of Ian Geoffrey Goddard; the applications were otherwise dismissed with no order as to costs.
Legal Topics
['duties of Trustees in Bankruptcy' 'inquiry Into Trustee Conduct' 'examination of Trustees' 'removal of Trustee' 'cancellation or Suspension of Trustee Registration' 'recovery of Estate Assets']
['bankruptcy' 'trusts'] ['duties of Trustees in Bankruptcy' 'inquiry Into Trustee Conduct' 'examination of Trustees' 'removal of Trustee' 'cancellation or Suspension of Trustee Registration' 'recovery of Estate Assets']

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Procedural Posture

Bankruptcy Applications Concerning Conduct and Registration of Registered Trustees / Reasons for Judgment and Orders on Applications by the Deputy Registrar

Legal Issues

  1. 1 ['Whether an inquiry should be ordered into the administration of the bankrupt estates by Messrs. Ahern and Knight.' 'Whether Messrs. Ahern and Knight should be examined in relation to the estates.' 'Whether Mr. Ahern should be removed as trustee of the estate of Ian Geoffrey Goddard.' "Whether the Court should consider cancellation of the trustees' registration under the Bankruptcy Act." 'Whether a trustee in bankruptcy is obliged to expend personal funds to recover assets or debts claimed to be due to the estate.']

Ratio Decidendi

Although the administration of Mr. Goddard's estate was unsatisfactory, the facts had been sufficiently elicited in the existing proceedings and no further inquiry or examination was necessary. Mr. Ahern consented to removal as trustee and was removed. The claim for payment of $522.61 failed because the sum was after-acquired property. The applications against Mr. Knight and the remaining applications against Mr. Ahern were dismissed because a sufficiently specific prima facie basis for further inquiry, examination, or cancellation of registration was not established on the applications before the Court.

Court Disposition

Mr. Ahern was removed by consent as trustee of the estate of Ian Geoffrey Goddard; the applications were otherwise dismissed with no order as to costs.

Orders

  • ['By consent, John Waymouth Ahern be removed from office as trustee of the estate of Ian Geoffrey Goddard.' 'The applications be otherwise dismissed.' 'No order as to costs.']