Tu v Chang [2016] FCA 1567

Tu v Chang [2016] FCA 1567

The Court appointed the NSW Trustee and Guardian as the applicant's litigation representative because the Guardianship Tribunal's financial management order and reasons established that the applicant was and remained a person under a legal incapacity, the NSW Trustee and Guardian was eligible to act as litigation representative, and the required consent and certificate had been filed in compliance with r 9.64.

Jurisdiction
Australia
Judgment Date
20 October 2016
Procedural Posture
Application Under R 9.63 of the Federal Court Rules 2011 (cth) for Appointment of a Litigation Representative in a Proceeding to Set Aside a Bankruptcy Notice / Interim Application at the Commencement of the Hearing
Outcome
The NSW Trustee and Guardian was appointed as the applicant's litigation representative.
Legal Topics
['litigation Representative' 'person Under a Legal Incapacity' 'nsw Trustee and Guardian' 'bankruptcy Notice']
['practice and Procedure' 'bankruptcy and Insolvency'] ['litigation Representative' 'person Under a Legal Incapacity' 'nsw Trustee and Guardian' 'bankruptcy Notice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under R 9.63 of the Federal Court Rules 2011 (cth) for Appointment of a Litigation Representative in a Proceeding to Set Aside a Bankruptcy Notice / Interim Application at the Commencement of the Hearing

Legal Issues

  1. 1 ['Whether the applicant was a person under a legal incapacity for the purposes of the Federal Court Rules 2011 (Cth).' "Whether the NSW Trustee and Guardian could be appointed as the applicant's litigation representative under r 9.63 of the Federal Court Rules 2011 (Cth)." 'Whether the consent and certificate requirements in r 9.64 of the Federal Court Rules 2011 (Cth) had been complied with.']

Ratio Decidendi

The Court appointed the NSW Trustee and Guardian as the applicant's litigation representative because the Guardianship Tribunal's financial management order and reasons established that the applicant was and remained a person under a legal incapacity, the NSW Trustee and Guardian was eligible to act as litigation representative, and the required consent and certificate had been filed in compliance with r 9.64.

Court Disposition

The NSW Trustee and Guardian was appointed as the applicant's litigation representative.

Orders

  • ["The NSW Trustee and Guardian be appointed as the applicant's litigation representative pursuant to rule 9.63 of the Federal Court Rules 2011 (Cth) with effect from the date of the filing of the application on 10 June 2016."]