Mableson v Tarbotton, in the matter of the bankrupt estate of Tarbotton [2022] FCA 1433

Mableson v Tarbotton, in the matter of the bankrupt estate of Tarbotton [2022] FCA 1433

Leave to proceed was granted as the factual and legal issues require judicial determination, a judgment may be necessary to trigger insurance for recoveries, creditors are owed substantial sums, and the claim is arguable and not suited for proof of debt process.

Parties
First Applicant: Timothy David Mableson; Second Applicant: ACN 050 019 960 Pty Ltd (In Liquidation) (formerly York Civil Pty Ltd ACN 050 019 960); First Respondent: Ian Stanley Tarbotton; Third Respondent: Gregg Robertson Johnson
Jurisdiction
Australia
Judgment Date
14 November 2022
Procedural Posture
Application for Leave to Proceed Under Bankruptcy Act / Determination of Application for Leave
Outcome
Leave granted to commence and continue proceedings for insolvent trading claim against the bankrupt and trustee.
Legal Topics
Leave to Proceed Against Bankrupt, Insolvent Trading, Director Liability, Insurance Policy Response
Bankruptcy and Insolvency Corporations Leave to Proceed Against Bankrupt Insolvent Trading Director Liability Insurance Policy Response

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Parties

Timothy David Mableson

First Applicant

ACN 050 019 960 Pty Ltd (In Liquidation) (formerly York Civil Pty Ltd ACN 050 019 960)

Second Applicant

Ian Stanley Tarbotton

First Respondent

Gregg Robertson Johnson

Third Respondent

Procedural Posture

Application for Leave to Proceed Under Bankruptcy Act / Determination of Application for Leave

Legal Issues

  1. 1 Whether leave should be granted to pursue insolvent trading claim against bankrupt and trustee under s 58(3) Bankruptcy Act
  2. 2 Whether insolvent trading claim under s 588G and s 588M Corporations Act is a provable debt
  3. 3 Whether insurance policy requires ascertainment of liability by judgment

Ratio Decidendi

Leave to proceed was granted as the factual and legal issues require judicial determination, a judgment may be necessary to trigger insurance for recoveries, creditors are owed substantial sums, and the claim is arguable and not suited for proof of debt process.

Court Disposition

Leave granted to commence and continue proceedings for insolvent trading claim against the bankrupt and trustee.

Orders

  • Leave granted under s 58(3) Bankruptcy Act to commence/continue proceeding for breach of s 588G and compensation under s 588M Corporations Act against first and third respondents.
  • Applicants not to enforce any money judgment or money order against respondents without prior leave of Court.