Scott, in the matter of Scott and Pascoe [2021] FCA 639

Scott, in the matter of Scott and Pascoe [2021] FCA 639

It is appropriate to accept the resignation of Scott Darren Pascoe as joint trustee on condition that Andrew John Scott continue as sole trustee, as administration will proceed without interruption and with efficiency, and there is no objection from interested parties; requirements for service of notice may be dispensed with due to potential inconvenience and expense to the estates and absence of prejudice to creditors or bankrupts.

Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Application in Bankruptcy Proceedings / Ruling on Application for Resignation of Joint Trustee and Procedural Directions
Outcome
Application granted
Legal Topics
['resignation of Trustee' 'dispensation of Service Requirements' 'sole Trustee Appointment']
['bankruptcy and Insolvency'] ['resignation of Trustee' 'dispensation of Service Requirements' 'sole Trustee Appointment']

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Procedural Posture

Application in Bankruptcy Proceedings / Ruling on Application for Resignation of Joint Trustee and Procedural Directions

Legal Issues

  1. 1 ['Whether the Court should accept the resignation of a joint trustee under s 180 of the Bankruptcy Act 1966 (Cth)' 'Whether it is appropriate to dispense with notice to bankrupts and creditors under r 8.02(4)(b) and (c) of the Federal Court (Bankruptcy) Rules 2016 (Cth)']

Ratio Decidendi

It is appropriate to accept the resignation of Scott Darren Pascoe as joint trustee on condition that Andrew John Scott continue as sole trustee, as administration will proceed without interruption and with efficiency, and there is no objection from interested parties; requirements for service of notice may be dispensed with due to potential inconvenience and expense to the estates and absence of prejudice to creditors or bankrupts.

Court Disposition

Application granted

Orders

  • ['Dispensed with compliance with rr 8.02(4)(b) and (c) of Federal Court (Bankruptcy) Rules 2016 (Cth) regarding notice to bankrupts and creditors.' 'Accepted resignation of Scott Darren Pascoe as joint trustee of specified bankrupt estates, subject to Andrew John Scott acting as sole trustee.' 'Applicants to pay...