Lahood v Ernst & Young; In the Matter of Dave Lahood Pty Ltd (In Liq) [2015] FCA 89

Lahood v Ernst & Young; In the Matter of Dave Lahood Pty Ltd (In Liq) [2015] FCA 89

Mr Lahood did not demonstrate a proper case or provide sufficient evidence to justify an inquiry into the trustee's or liquidators' conduct under s 179 of the Bankruptcy Act or s 536 of the Corporations Act; the applications were therefore dismissed.

Jurisdiction
Australia
Judgment Date
17 February 2015
Procedural Posture
Applications for Inquiry Into Trustee and Liquidator Conduct / Judgment After Final Hearing
Outcome
Applications dismissed
Legal Topics
['trustee Inquiry Under Bankruptcy Act S 179' 'liquidator Inquiry Under Corporations Act S 536']
['bankruptcy' 'corporations'] ['trustee Inquiry Under Bankruptcy Act S 179' 'liquidator Inquiry Under Corporations Act S 536']

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Procedural Posture

Applications for Inquiry Into Trustee and Liquidator Conduct / Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether a proper case for inquiry into the conduct of the trustee in bankruptcy has been demonstrated under s 179 of the Bankruptcy Act 1966 (Cth)' 'Whether a sufficient basis exists for an inquiry into the conduct of the liquidators under s 536 of the Corporations Act 2001 (Cth)']

Ratio Decidendi

Mr Lahood did not demonstrate a proper case or provide sufficient evidence to justify an inquiry into the trustee's or liquidators' conduct under s 179 of the Bankruptcy Act or s 536 of the Corporations Act; the applications were therefore dismissed.

Court Disposition

Applications dismissed

Orders

  • ["In NSD 999 of 2014: First, third and fifth defendants removed as parties; application dismissed; defendants' costs to be costs in the winding up of Dave Lahood Pty Ltd (In Liquidation)." "In NSD 1211 of 2014: First, third and fourth respondents removed as parties; application dismissed; respondents' costs to be...