Antares Global Pty Ltd v Mansfield (Trustee), in the matter of Yang (Bankrupt) [2018] FCA 441

Antares Global Pty Ltd v Mansfield (Trustee), in the matter of Yang (Bankrupt) [2018] FCA 441

Leave under s 58(3)(b) was appropriate because Mr Yang had become bankrupt, the applicants needed to preserve existing freezing orders in the Supreme Court proceedings before their imminent expiry, the orders were directed to preventing further dissipation of proceeds potentially forming part of the bankrupt estate, and the trustee did not oppose limited leave.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Urgent Application for Leave Under S 58(3)(b) of the Bankruptcy Act 1966 (cth) to Take Fresh Steps in Supreme Court Proceedings / Ex Tempore Judgment on Interlocutory Application
Outcome
Application granted; leave given to take specified fresh steps in Supreme Court proceedings and matter listed for case management.
Legal Topics
['leave to Take Fresh Steps in Proceedings Against a Bankrupt' 'freezing Orders' 'vesting of Property in Trustee in Bankruptcy']
['bankruptcy and Insolvency' 'practice and Procedure'] ['leave to Take Fresh Steps in Proceedings Against a Bankrupt' 'freezing Orders' 'vesting of Property in Trustee in Bankruptcy']

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Procedural Posture

Urgent Application for Leave Under S 58(3)(b) of the Bankruptcy Act 1966 (cth) to Take Fresh Steps in Supreme Court Proceedings / Ex Tempore Judgment on Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) for the applicants to take fresh steps in Supreme Court of New South Wales proceedings against Jin Heung Yang after his bankruptcy.' 'Whether leave should extend, to the extent necessary, to steps in the Supreme Court proceedings concerning Marian Yang and proceeds of sale of 6 Gilmour Close, Glenhaven.']

Ratio Decidendi

Leave under s 58(3)(b) was appropriate because Mr Yang had become bankrupt, the applicants needed to preserve existing freezing orders in the Supreme Court proceedings before their imminent expiry, the orders were directed to preventing further dissipation of proceeds potentially forming part of the bankrupt estate, and the trustee did not oppose limited leave.

Court Disposition

Application granted; leave given to take specified fresh steps in Supreme Court proceedings and matter listed for case management.

Orders

  • ['An order pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth), that the applicants have leave to take the following fresh steps in proceedings 2017/16773 in the Supreme Court, New South Wales, between the applicants as plaintiffs and the bankrupt, Jin Heung Yang, as defendant: (a) To make application to that...