Cutter, Re B.C. Morison, Ex Parte R.I. [1986] FCA 435

Cutter, Re B.C. Morison, Ex Parte R.I. [1986] FCA 435

The trustee was not required to make an election under s.60 at the present time because no party falling within the statutory phrase had called upon him to elect, and judgment in the Supreme Court proceedings had been reserved before the sequestration order was made.

Jurisdiction
Australia
Judgment Date
28 August 1986
Procedural Posture
Ex Parte Application for Judicial Advice in Bankruptcy / Ex Tempore Reasons for Judgment
Outcome
Judicial advice given that the trustee is not required under s.60 to make an election at the present time.
Legal Topics
["trustee's Election Under S.60 of the Bankruptcy Act 1966" 'effect of Judgment Reserved Before Sequestration Order' 'judicial Advice to Trustee']
['bankruptcy' 'civil Procedure'] ["trustee's Election Under S.60 of the Bankruptcy Act 1966" 'effect of Judgment Reserved Before Sequestration Order' 'judicial Advice to Trustee']

Case Brief

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Procedural Posture

Ex Parte Application for Judicial Advice in Bankruptcy / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the trustee of the bankrupt estate would be justified in refusing to treat a letter dated 31 July 1986 from Messrs Ferrier and Associates as requiring him to make an election under s.60(2) of the Bankruptcy Act 1966.' 'Whether s.60 of the Bankruptcy Act 1966 required the trustee to make an election where judgment had been reserved before the sequestration order and no party within the statutory phrase had called upon the trustee to elect.']

Ratio Decidendi

The trustee was not required to make an election under s.60 at the present time because no party falling within the statutory phrase had called upon him to elect, and judgment in the Supreme Court proceedings had been reserved before the sequestration order was made.

Court Disposition

Judicial advice given that the trustee is not required under s.60 to make an election at the present time.

Orders

  • ['The trustee is advised that he is not required under s.60 to make an election at the present time.' 'The costs of the application be paid out of the estate.']