Aware Ind Ltd & Ors v Robinson, David Charles [1997] FCA 571

Aware Ind Ltd & Ors v Robinson, David Charles [1997] FCA 571

The letter relied upon by the appellants did not constitute the requisite notice under s60(3) because it did not meet the minimum requirements to alert the trustee to the running of the 28 day period and the consequences of default; therefore, the action was not deemed abandoned, and the appeal was dismissed.

Parties
Appellant: AWARE INDUSTRIES LIMITED; Appellant: CHRISTOPHER AVERY; Appellant: PETER McCLOSKEY; Appellant: JAMES JOHNSON; Appellant: WILLIAM STERLING; Appellant: ALLAN BOUNADER; Respondent: DAVID CHARLES ROBINSON
Jurisdiction
Australia
Judgment Date
30 June 1997
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Notice Under Bankruptcy Act S60(3), Abandonment of Action on Bankruptcy, Requirements of Service of Notice on Trustee
Bankruptcy Notice Under Bankruptcy Act S60(3) Abandonment of Action on Bankruptcy Requirements of Service of Notice on Trustee

Case Brief

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Parties

AWARE INDUSTRIES LIMITED

Appellant

CHRISTOPHER AVERY

Appellant

PETER McCLOSKEY

Appellant

JAMES JOHNSON

Appellant

WILLIAM STERLING

Appellant

ALLAN BOUNADER

Appellant

DAVID CHARLES ROBINSON

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 What are the minimum requirements for a notice under s60(3) of the Bankruptcy Act 1966 to set running the 28 day period for election by the trustee of a bankrupt to prosecute or discontinue an action?
  2. 2 Did the letter from the appellants' solicitors to the trustee constitute such notice?

Ratio Decidendi

The letter relied upon by the appellants did not constitute the requisite notice under s60(3) because it did not meet the minimum requirements to alert the trustee to the running of the 28 day period and the consequences of default; therefore, the action was not deemed abandoned, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent's taxed costs of the appeal.