Turner v Griggs [2005] FCA 1911

Turner v Griggs [2005] FCA 1911

The application for an inquiry was not appropriate because Mr Turner had been discharged from both bankruptcies, so removal of the trustee from office could not occur, and many years had passed since the matters complained of occurred; any criminal or civil complaints could be pursued through other avenues subject to limitation issues.

Jurisdiction
Australia
Judgment Date
07 December 2005
Procedural Posture
Application Under S 179(1) of the Bankruptcy Act 1966 (cth) for an Order That the Court Inquire Into the Conduct of the Official Receiver and Official Trustee / Reasons for Judgment and Orders
Outcome
The application was dismissed with costs.
Legal Topics
['inquiry Into Trustee Conduct' 'discretion Under S 179(1)' 'discharged Bankruptcy' 'removal of Trustee']
['bankruptcy'] ['inquiry Into Trustee Conduct' 'discretion Under S 179(1)' 'discharged Bankruptcy' 'removal of Trustee']

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Procedural Posture

Application Under S 179(1) of the Bankruptcy Act 1966 (cth) for an Order That the Court Inquire Into the Conduct of the Official Receiver and Official Trustee / Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion under s 179(1) of the Bankruptcy Act 1966 (Cth) to order an inquiry into the conduct of the official receiver and official trustee.' 'Whether an inquiry would be appropriate where the applicant had been discharged from both bankruptcies and removal of the trustee from office could not occur.' 'Whether the passage of many years since the matters complained of weighed against ordering an inquiry.']

Ratio Decidendi

The application for an inquiry was not appropriate because Mr Turner had been discharged from both bankruptcies, so removal of the trustee from office could not occur, and many years had passed since the matters complained of occurred; any criminal or civil complaints could be pursued through other avenues subject to limitation issues.

Court Disposition

The application was dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the respondents.']