Teese v Woodgate [2003] FCA 1224

Teese v Woodgate [2003] FCA 1224

The bankrupt did not establish any serious issue to be tried as to whether the trustee was in default of statutory duties under s 73 or on any other ground that would justify an injunction restraining the auction scheduled for that day; therefore the application for interlocutory relief was dismissed.

Jurisdiction
Australia
Judgment Date
16 October 2003
Procedural Posture
Bankruptcy Application for Interlocutory Relief to Stay or Restrain Realisation of Property in the Bankrupt Estate / Interlocutory Application
Outcome
Application for interlocutory relief dismissed.
Legal Topics
['interlocutory Relief' 'injunction to Restrain Auction' 'realisation of Property in Bankrupt Estate' 'bankruptcy Composition or Scheme of Arrangement Under S 73']
['bankruptcy' 'civil Procedure'] ['interlocutory Relief' 'injunction to Restrain Auction' 'realisation of Property in Bankrupt Estate' 'bankruptcy Composition or Scheme of Arrangement Under S 73']

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Procedural Posture

Bankruptcy Application for Interlocutory Relief to Stay or Restrain Realisation of Property in the Bankrupt Estate / Interlocutory Application

Legal Issues

  1. 1 ['Whether sales and other realisations of property in the bankrupt estate, including the auction of 3/39 Melrose Place, Clovelly, should be stayed or restrained until further order.' 'Whether there was a serious issue to be tried that the trustee was in default of obligations under s 73 of the Bankruptcy Act 1966 (Cth).']

Ratio Decidendi

The bankrupt did not establish any serious issue to be tried as to whether the trustee was in default of statutory duties under s 73 or on any other ground that would justify an injunction restraining the auction scheduled for that day; therefore the application for interlocutory relief was dismissed.

Court Disposition

Application for interlocutory relief dismissed.

Orders

  • ['The application for interlocutory relief be dismissed.' 'The bankrupt pay the costs of the application.' 'The costs may be recovered by the trustee after the estate of the bankruptcy.']