Nixon, in the matter of Nixon [2015] FCA 976

Nixon, in the matter of Nixon [2015] FCA 976

The application to remove and replace Mr Nixon as trustee and liquidator is adjourned, as notice to certain creditors, particularly petitioning creditors who requested Mr Nixon as sole trustee, has not been sufficiently addressed. Preliminary views support the court’s power to accept resignations and appoint replacements subject to notice requirements being satisfied, and set appropriate parameters for orders under the Bankruptcy Act and Corporations Act.

Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Bankruptcy and Insolvency Application / Interlocutory (adjournment and Preliminary Views)
Outcome
Application adjourned; no order as to costs.
Legal Topics
['notice Requirements for Application to Remove Trustee or Liquidator' 'power of Court to Appoint New Co Liquidator Under S 473(7) Corporations Act' 'power of Court to Appoint New Co Trustee Under S 180 Bankruptcy Act']
['bankruptcy and Insolvency' 'corporations'] ['notice Requirements for Application to Remove Trustee or Liquidator' 'power of Court to Appoint New Co Liquidator Under S 473(7) Corporations Act' 'power of Court to Appoint New Co Trustee Under S 180 Bankruptcy Act']

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Procedural Posture

Bankruptcy and Insolvency Application / Interlocutory (adjournment and Preliminary Views)

Legal Issues

  1. 1 ['Whether notice to all bankrupts, companies, and creditors is required for an application to remove and replace a trustee/liquidator' 'Whether the court can accept the resignation of a trustee or liquidator and appoint replacements pursuant to Bankruptcy Act 1966 (Cth) s 180 and Corporations Act 2001 (Cth) ss 473(7), 503, and 530' 'Whether court can dispense with notices under rules of court']

Ratio Decidendi

The application to remove and replace Mr Nixon as trustee and liquidator is adjourned, as notice to certain creditors, particularly petitioning creditors who requested Mr Nixon as sole trustee, has not been sufficiently addressed. Preliminary views support the court’s power to accept resignations and appoint replacements subject to notice requirements being satisfied, and set appropriate parameters for orders under the Bankruptcy Act and Corporations Act.

Court Disposition

Application adjourned; no order as to costs.

Orders

  • ['The matter be adjourned to 23 September 2015 at not before 11 am.' 'No order as to costs.']