Re Elliott, A.P. v Ex parte Elliott, A.P. [1995] FCA 176

Re Elliott, A.P. v Ex parte Elliott, A.P. [1995] FCA 176

The deed should be terminated and the estate sequestrated, and Mr. Jefferson and Mr. Stevenson appointed trustees, because the material did not establish a true conflict of duty and interest; Mr. Jefferson's prior steps appeared prima facie proper; no creditor opposed his appointment; and creditor interests favoured avoiding duplicative investigations and unnecessary administration costs.

Jurisdiction
Australia
Judgment Date
27 March 1995
Procedural Posture
Bankruptcy / Applications for Termination of Deed of Arrangement, Sequestration Order, and Appointment of Trustees
Outcome
Deed of arrangement terminated, sequestration order made, and Jay Arscott Stevenson and Philip Gregory Jefferson appointed trustees of the bankrupt estate.
Legal Topics
['termination of Deed of Arrangement' 'sequestration Order' 'appointment of Trustee in Bankruptcy' 'alleged Conflict of Duty and Interest' 'trustee Remuneration' 'interests of Creditors']
['bankruptcy'] ['termination of Deed of Arrangement' 'sequestration Order' 'appointment of Trustee in Bankruptcy' 'alleged Conflict of Duty and Interest' 'trustee Remuneration' 'interests of Creditors']

Case Brief

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Procedural Posture

Bankruptcy / Applications for Termination of Deed of Arrangement, Sequestration Order, and Appointment of Trustees

Legal Issues

  1. 1 ['Whether the deed of arrangement dated 11 December, 1991 should be terminated.' 'Whether a sequestration order should be made against the estate of Allen Phillip Elliott.' "Whether Philip Gregory Jefferson and Jay Arscott Stevenson should be appointed trustees despite Mr. Elliott's objection that the deed administration required investigation."]

Ratio Decidendi

The deed should be terminated and the estate sequestrated, and Mr. Jefferson and Mr. Stevenson appointed trustees, because the material did not establish a true conflict of duty and interest; Mr. Jefferson's prior steps appeared prima facie proper; no creditor opposed his appointment; and creditor interests favoured avoiding duplicative investigations and unnecessary administration costs.

Court Disposition

Deed of arrangement terminated, sequestration order made, and Jay Arscott Stevenson and Philip Gregory Jefferson appointed trustees of the bankrupt estate.

Orders

  • ['The deed of arrangement dated 11 December, 1991 be terminated.' 'A sequestration order be made against the estate of Allen Phillip Elliott.' 'Jay Arscott Stevenson and Philip Gregory Jefferson be appointed trustees of the estate of the bankrupt.' "The costs of Jay Arscott Stevenson and Philip Gregory Jefferson of...