Moore v Macks [2007] FCA 10

Moore v Macks [2007] FCA 10

There is no evidentiary basis to impugn the trustee's decision not to prosecute the appeals or seek an extension of time. The trustee properly assessed the merits, costs, risks, and lack of benefit to the estate. There is no reason for the court to interfere under s 178 or order an inquiry under s 179 of the Bankruptcy Act 1966 (Cth). The application is dismissed.

Jurisdiction
Australia
Judgment Date
15 January 2007
Procedural Posture
Bankruptcy Application / Decision on Application for Orders Against Trustee in Bankruptcy
Outcome
Application dismissed
Legal Topics
["trustee's Discretion" 'appeal Deemed Abandoned' 'review of Trustee Conduct' 'application for Removal of Trustee']
['bankruptcy'] ["trustee's Discretion" 'appeal Deemed Abandoned' 'review of Trustee Conduct' 'application for Removal of Trustee']

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Procedural Posture

Bankruptcy Application / Decision on Application for Orders Against Trustee in Bankruptcy

Legal Issues

  1. 1 ["Whether the trustee in bankruptcy's decision not to prosecute appeals should be interfered with under s 178 or s 179 of the Bankruptcy Act 1966 (Cth)" 'Whether the trustee may apply under s 33(1) of the Bankruptcy Act 1966 (Cth) for extension of time within which to elect to prosecute appeals after time expired' 'Whether there is any basis for orders for removal of the trustee']

Ratio Decidendi

There is no evidentiary basis to impugn the trustee's decision not to prosecute the appeals or seek an extension of time. The trustee properly assessed the merits, costs, risks, and lack of benefit to the estate. There is no reason for the court to interfere under s 178 or order an inquiry under s 179 of the Bankruptcy Act 1966 (Cth). The application is dismissed.

Court Disposition

Application dismissed

Orders

  • ['The proceedings transferred to this Court by order of a Federal Magistrate made on 13 June 2006 be dismissed.']