RE Blundell EX PARTE Kenny, Kalus & Anor T/as Kalus Kenny [1996] FCA 1179
Where a debtor's petition is accepted in circumstances where no trustee has consented to act in that petition, the fact that a trustee has consented to act in a competing creditor's petition does not result in that trustee being appointed as trustee in bankruptcy. The Official Trustee is appointed pursuant to s160 of the Bankruptcy Act.
- Jurisdiction
- Australia
- Judgment Date
- 13 December 1996
- Procedural Posture
- Bankruptcy / Application for Order Regarding Debtor's and Creditor's Petitions
- Outcome
- Debtor's petition accepted; creditor's petition dismissed
- Legal Topics
- ['trustee Appointment on Acceptance of Petition' "effect of Competing Creditor's and Debtor's Petitions" 'operation of S156 A(3) and S160 Bankruptcy Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy / Application for Order Regarding Debtor's and Creditor's Petitions
Legal Issues
- 1 ["Whether a trustee who consents to act in a creditor's petition becomes the trustee when a debtor's petition is accepted and no trustee is nominated in that debtor's petition"]
Ratio Decidendi
Where a debtor's petition is accepted in circumstances where no trustee has consented to act in that petition, the fact that a trustee has consented to act in a competing creditor's petition does not result in that trustee being appointed as trustee in bankruptcy. The Official Trustee is appointed pursuant to s160 of the Bankruptcy Act.
Court Disposition
Debtor's petition accepted; creditor's petition dismissed
Orders
- ["Registrar to accept the debtor's petition filed in VP1041/96." "Creditor's petition in VP1036/96 be dismissed."]
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