Helfenbaum v St George Bank Ltd [2001] FCA 1736

Helfenbaum v St George Bank Ltd [2001] FCA 1736

Because the applicant's trustee in bankruptcy did not elect within the extended time after notice under s 60(3) of the Bankruptcy Act 1966 to prosecute or discontinue the action, the trustee was deemed to have abandoned the action, making it appropriate to grant the respondent's motion and strike out the application.

Jurisdiction
Australia
Judgment Date
07 December 2001
Procedural Posture
Application Affected by Bankruptcy of the Applicant / Respondent's Motion to Strike Out the Application; Ex Tempore Reasons for Judgment
Outcome
Application struck out; applicant ordered to pay the costs of the motion.
Legal Topics
['sequestration Order' 'trustee Election to Prosecute or Discontinue Action' 'deemed Abandonment of Action' 'strike Out']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'trustee Election to Prosecute or Discontinue Action' 'deemed Abandonment of Action' 'strike Out']

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Procedural Posture

Application Affected by Bankruptcy of the Applicant / Respondent's Motion to Strike Out the Application; Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ["Whether the application should be struck out because the applicant's trustee in bankruptcy did not elect within the time allowed to prosecute or discontinue the action after notice under s 60(3) of the Bankruptcy Act 1966."]

Ratio Decidendi

Because the applicant's trustee in bankruptcy did not elect within the extended time after notice under s 60(3) of the Bankruptcy Act 1966 to prosecute or discontinue the action, the trustee was deemed to have abandoned the action, making it appropriate to grant the respondent's motion and strike out the application.

Court Disposition

Application struck out; applicant ordered to pay the costs of the motion.

Orders

  • ['The application be struck out.' 'The costs of the motion be paid by the applicant.']