Beames (Bankrupt) v Aburn (Trustee in Bankruptcy) [2003] FCA 134

Beames (Bankrupt) v Aburn (Trustee in Bankruptcy) [2003] FCA 134

Because the respondent was not the trustee in bankruptcy and a s 178 claim was available only against such a trustee, the proceedings as constituted could not succeed against him and the application was dismissed.

Jurisdiction
Australia
Judgment Date
06 February 2003
Procedural Posture
Application Seeking Equitable Relief And/or Damages Against an Alleged Trustee in Bankruptcy Pursuant to S 178 of the Bankruptcy Act 1996 (cth) / Dismissed at an Early Stage
Outcome
Application dismissed; applicant ordered to pay the respondent's costs of the proceedings.
Legal Topics
['trustee in Bankruptcy' 'section 178 Claim' 'costs']
['bankruptcy' 'civil Procedure'] ['trustee in Bankruptcy' 'section 178 Claim' 'costs']

Case Brief

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Procedural Posture

Application Seeking Equitable Relief And/or Damages Against an Alleged Trustee in Bankruptcy Pursuant to S 178 of the Bankruptcy Act 1996 (cth) / Dismissed at an Early Stage

Legal Issues

  1. 1 ['Whether proceedings under s 178 of the Bankruptcy Act 1996 (Cth) could succeed against the respondent when he was not the trustee in bankruptcy.' 'Whether costs should be ordered on an indemnity basis.']

Ratio Decidendi

Because the respondent was not the trustee in bankruptcy and a s 178 claim was available only against such a trustee, the proceedings as constituted could not succeed against him and the application was dismissed.

Court Disposition

Application dismissed; applicant ordered to pay the respondent's costs of the proceedings.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of these proceedings."]