Borg v de Vries (Trustee), in the matter of the Bankrupt Estate of David Morton Bertram [2018] FCA 2116

Borg v de Vries (Trustee), in the matter of the Bankrupt Estate of David Morton Bertram [2018] FCA 2116

Replacement of trustees is appropriate where original trustees believe no further investigations warranted or practical, yet there appear unresolved matters needing investigation, new trustee is willing and funded, and removal would advance the purposes of the Bankruptcy Act in administration of the estate.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Application for Replacement of Trustee in Bankruptcy / Final Determination
Outcome
Trustees removed; new trustee appointed.
Legal Topics
['replacement of Trustee' 'administration of Bankruptcy Estate' 'creditor Standing']
['bankruptcy and Insolvency'] ['replacement of Trustee' 'administration of Bankruptcy Estate' 'creditor Standing']

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Procedural Posture

Application for Replacement of Trustee in Bankruptcy / Final Determination

Legal Issues

  1. 1 ['Whether trustees should be removed and replaced under s 90-15 of the Insolvency Practice Schedule (Bankruptcy)' 'Whether further investigations into bankrupt estate are warranted']

Ratio Decidendi

Replacement of trustees is appropriate where original trustees believe no further investigations warranted or practical, yet there appear unresolved matters needing investigation, new trustee is willing and funded, and removal would advance the purposes of the Bankruptcy Act in administration of the estate.

Court Disposition

Trustees removed; new trustee appointed.

Orders

  • ['The Respondents cease to be the trustees of bankrupt estate of David Morton Bertram.' 'Robert William Naudi be appointed trustee of bankrupt estate of David Morton Bertram.']