Coshott v Coshott [2013] FCA 156
On resignation of the existing trustee, the Official Trustee became trustee of the bankrupt estate by operation of s 160 of the Bankruptcy Act 1966 (Cth), so should be substituted as a party accordingly.
- Jurisdiction
- Australia
- Judgment Date
- 25 February 2013
- Procedural Posture
- Bankruptcy/civil Proceedings / Interlocutory Orders Addressing Substitution of Party After Resignation of Trustee
- Outcome
- Substitution of party (Official Trustee for John Christopher Burke) and procedural directions given; listing for further directions.
- Legal Topics
- ['trustee Resignation' 'substitution of Trustee' 'bankruptcy Administration']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Bankruptcy/civil Proceedings / Interlocutory Orders Addressing Substitution of Party After Resignation of Trustee
Legal Issues
- 1 ['Effect of trustee resignation under Bankruptcy Act 1966 (Cth)' 'Proper procedure for substitution of trustee in proceedings']
Ratio Decidendi
On resignation of the existing trustee, the Official Trustee became trustee of the bankrupt estate by operation of s 160 of the Bankruptcy Act 1966 (Cth), so should be substituted as a party accordingly.
Court Disposition
Substitution of party (Official Trustee for John Christopher Burke) and procedural directions given; listing for further directions.
Orders
- ['The Official Trustee be substituted for John Christopher Burke as second respondent and cross-claimant.' 'The solicitors for the former trustee notify the Official Trustee, within three working days, of the change of party in those proceedings.' 'The matter be listed for further directions at 9:30 am on 8 March...
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment