Trollope v Rambaldi as Trustee of the Bankrupt Estate of Barry Barton Trollope [2009] FCA 74

Trollope v Rambaldi as Trustee of the Bankrupt Estate of Barry Barton Trollope [2009] FCA 74

Applicants failed to establish any misconduct or error by the Trustee personally or his agents in the execution of the warrant; no privileged documents were shown to have been read or used to applicants' prejudice; procedures taken were adequate to protect privilege. No sufficient grounds were shown to inquire into or remove the Trustee, restrain staff, or require transfer of legal rights. The application was therefore dismissed.

Parties
First Applicant: Grant Trollope; Second Applicant: Briely Davis; Third Applicant: Kaine Trollope; Fourth Applicant: Barry Barton Trollope; Fifth Applicant: 3631 Nepean Highway Pty Ltd ACN 086 769 137; First Respondent: Gess Michael Rambaldi as Trustee of the Bankrupt Estate of Barry Barton Trollope; Second Respondent: Andrew Reginald Yeo; Third Respondent: Wade Ballantyne; Fourth Respondent: Rima Mouchaileh; Fifth Respondent: Shaun Matthews; Sixth Respondent: Chris Schmidt
Jurisdiction
Australia
Judgment Date
12 February 2009
Procedural Posture
Bankruptcy Application / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Execution of Search Warrant, Legal Professional Privilege, Trustee's Conduct, Removal of Trustee, Interlocutory Relief
Bankruptcy Execution of Search Warrant Legal Professional Privilege Trustee's Conduct Removal of Trustee Interlocutory Relief

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Parties

Grant Trollope

First Applicant

Briely Davis

Second Applicant

Kaine Trollope

Third Applicant

Barry Barton Trollope

Fourth Applicant

3631 Nepean Highway Pty Ltd ACN 086 769 137

Fifth Applicant

Gess Michael Rambaldi as Trustee of the Bankrupt Estate of Barry Barton Trollope

First Respondent

Andrew Reginald Yeo

Second Respondent

Wade Ballantyne

Third Respondent

Rima Mouchaileh

Fourth Respondent

Shaun Matthews

Fifth Respondent

Chris Schmidt

Sixth Respondent

Procedural Posture

Bankruptcy Application / Final Judgment

Legal Issues

  1. 1 Whether there were grounds to inquire into the Trustee's conduct under Bankruptcy Act 1966 ss 178 and 179
  2. 2 Whether the Trustee should be removed as trustee of the bankrupt estate
  3. 3 Whether privileged documents were improperly viewed or used during execution of warrant

Ratio Decidendi

Applicants failed to establish any misconduct or error by the Trustee personally or his agents in the execution of the warrant; no privileged documents were shown to have been read or used to applicants' prejudice; procedures taken were adequate to protect privilege. No sufficient grounds were shown to inquire into or remove the Trustee, restrain staff, or require transfer of legal rights. The application was therefore dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The applicants pay the respondents' costs, to be taxed in default of agreement.