Nixon, in the matter of Nixon (No 2) [2015] FCA 1047

Nixon, in the matter of Nixon (No 2) [2015] FCA 1047

The orders should be made because the applicants addressed all three concerns previously identified by the Court: notice was given to the Deputy Commissioner of Taxation as petitioning creditor and no opposition was raised; evidence was provided that costs of the application, familiarisation, obtaining information from Mr Nixon, and notifications would not be passed on to the estates; and the revised orders avoided the concern about replacing one of two co-liquidators in the Liquidation Estates by leaving Ms Dunn as sole liquidator.

Jurisdiction
Australia
Judgment Date
23 September 2015
Procedural Posture
Bankruptcy and Insolvency Application to Replace Trustee and Liquidator of Bankrupt and Insolvent Estates / Resumption of Adjourned Proceedings; Heard on the Papers
Outcome
Application granted; proposed orders made subject to the condition that none of the applicants charge professional fees to the estates for work done to familiarise themselves with the prior conduct of the estates.
Legal Topics
['replacement of Trustee in Bankruptcy' 'removal and Replacement of Liquidator' 'dispensing With Notice Requirements' 'costs of Application and Familiarisation']
['bankruptcy and Insolvency' 'corporations Law'] ['replacement of Trustee in Bankruptcy' 'removal and Replacement of Liquidator' 'dispensing With Notice Requirements' 'costs of Application and Familiarisation']

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Procedural Posture

Bankruptcy and Insolvency Application to Replace Trustee and Liquidator of Bankrupt and Insolvent Estates / Resumption of Adjourned Proceedings; Heard on the Papers

Legal Issues

  1. 1 ['Whether compliance with notice requirements should be dispensed with for the application.' 'Whether Mr Nixon should be removed or permitted to resign from appointments as trustee and liquidator across the identified estates.' 'Whether Ms Dunn and Ms Trenfield should replace Mr Nixon in the relevant appointments.' "Whether the applicants had addressed the Court's concerns identified in Nixon, in the matter of Nixon [2015] FCA 976."]

Ratio Decidendi

The orders should be made because the applicants addressed all three concerns previously identified by the Court: notice was given to the Deputy Commissioner of Taxation as petitioning creditor and no opposition was raised; evidence was provided that costs of the application, familiarisation, obtaining information from Mr Nixon, and notifications would not be passed on to the estates; and the revised orders avoided the concern about replacing one of two co-liquidators in the Liquidation Estates by leaving Ms Dunn as sole liquidator.

Court Disposition

Application granted; proposed orders made subject to the condition that none of the applicants charge professional fees to the estates for work done to familiarise themselves with the prior conduct of the estates.

Orders

  • ['In respect of the bankrupt estates in Schedules 1 to 6, compliance with Rules 8.02(2)(b) and (c) of the Federal Court (Bankruptcy) Rules 2005 (Cth) was dispensed with.' "Mr Nixon's resignation as trustee of the bankrupt estates was accepted, with Ms Dunn or Ms Trenfield appointed as trustee or joint and several...