GEL Custodians Pty Limited v Elliott [2013] NSWSC 690

GEL Custodians Pty Limited v Elliott [2013] NSWSC 690

The defendants have no standing to pursue their defence and cross-claim after bankruptcy and the Trustee's election not to proceed; therefore, the defence and cross-claim should be struck out and dismissed pursuant to Uniform Civil Procedure Rules 2005 r 14.28.

Jurisdiction
Australia
Judgment Date
31 May 2013
Procedural Posture
Possession and Recovery of Debt / Application to Strike Out Defence and Dismiss Cross Claim
Outcome
Defendant's defence struck out and cross-claim dismissed
Legal Topics
['possession' 'bankruptcy' 'striking Out Defence' 'dismissal of Cross Claim']
['civil Procedure'] ['possession' 'bankruptcy' 'striking Out Defence' 'dismissal of Cross Claim']

Case Brief

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Procedural Posture

Possession and Recovery of Debt / Application to Strike Out Defence and Dismiss Cross Claim

Legal Issues

  1. 1 ['Whether the defendants have standing to pursue their defence and cross-claim post-bankruptcy' 'Whether the defence and cross-claim should be struck out and dismissed due to lack of standing and delay']

Ratio Decidendi

The defendants have no standing to pursue their defence and cross-claim after bankruptcy and the Trustee's election not to proceed; therefore, the defence and cross-claim should be struck out and dismissed pursuant to Uniform Civil Procedure Rules 2005 r 14.28.

Court Disposition

Defendant's defence struck out and cross-claim dismissed

Orders

  • ["Defendants' defence struck out" 'Cross-claim dismissed']