Nixon (Trustee) [2018] FCA 720

Nixon (Trustee) [2018] FCA 720

Where personal service on all bankrupts or on the companies would be unduly expensive or futile, and there is no prejudice to the administration, the Court may dispense with such service, accept the resignation of a joint trustee/liquidator, and appoint another under the applicable legislation.

Parties
First Applicant: Brendan Nixon; Second Applicant: Leon Lee
Jurisdiction
Australia
Judgment Date
21 May 2018
Procedural Posture
Originating Application (ex Parte) / Final Judgment and Orders
Outcome
Orders granted as sought
Legal Topics
Trustees in Bankruptcy—resignation and Removal, Liquidators—resignation and Removal, Dispensation of Service Requirements
Bankruptcy Law Insolvency Law Corporations Law Practice and Procedure Trustees in Bankruptcy—resignation and Removal Liquidators—resignation and Removal Dispensation of Service Requirements

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Parties

Brendan Nixon

First Applicant

Leon Lee

Second Applicant

Procedural Posture

Originating Application (ex Parte) / Final Judgment and Orders

Legal Issues

  1. 1 Whether the resignation of a joint trustee in bankruptcy should be accepted so that the other joint trustee continues as sole trustee
  2. 2 Whether personal service of applications on all bankrupts and companies should be dispensed with
  3. 3 Whether a liquidator should be removed and another appointed without personal service being effected

Ratio Decidendi

Where personal service on all bankrupts or on the companies would be unduly expensive or futile, and there is no prejudice to the administration, the Court may dispense with such service, accept the resignation of a joint trustee/liquidator, and appoint another under the applicable legislation.

Court Disposition

Orders granted as sought

Orders

  • Requirements for personal service on bankrupts and companies dispensed with for the purposes of these applications.
  • Resignation of Leon Lee as joint trustee in bankruptcy for each estate in Schedule 1 accepted; Brendan Nixon to continue as sole trustee for each such estate.