Re Masters, R.H. Ex parte Gerovich, E. & anor v Putnin, B. [1985] FCA 354
Applicants failed to satisfy the Court that the trustee erred in rejecting the proofs of debt, as claims were either unprovable or insufficiently supported, particularly given disputed facts and lack of cross-examination.
- Parties
- Applicant: Elizabeth Gerovich; Applicant: Hazel Henley; Respondent: Bernard Putnin; Debtor: Robert Henry Masters
- Jurisdiction
- Australia
- Judgment Date
- 30 July 1985
- Procedural Posture
- Application to Review Trustee's Decision / Determination on Application
- Outcome
- Application dismissed.
- Legal Topics
- Proof of Debt, Trustee's Decision Review, Onus of Proof, Affidavit Evidence, Conflict of Evidence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Elizabeth Gerovich
Applicant
Hazel Henley
Applicant
Bernard Putnin
Respondent
Robert Henry Masters
Debtor
Procedural Posture
Application to Review Trustee's Decision / Determination on Application
Legal Issues
- 1 Whether applicants established grounds to reverse trustee's rejection of proofs of debt ($16,000 and $9,000)
- 2 Whether the demand arises by reason of a contract, promise or breach of trust
- 3 Who bears the onus of proof in an application under Bankruptcy Act s.104
Ratio Decidendi
Applicants failed to satisfy the Court that the trustee erred in rejecting the proofs of debt, as claims were either unprovable or insufficiently supported, particularly given disputed facts and lack of cross-examination.
Court Disposition
Application dismissed.
Orders
- Application dismissed.
- Applicants to pay respondent's costs including reserved costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment