Tov-Lev v Lowbeer (No 4) [2014] FCA 797

Tov-Lev v Lowbeer (No 4) [2014] FCA 797

The balance of the interlocutory application was dismissed because the applicants showed no evidentiary or statutory basis for removing the trustee, their request to review the sequestration orders was an impermissible collateral attack and abuse of process after appeal, and their claims for pecuniary penalties or damages based on the alleged proffered cheque were legally misconceived or matters that should have been raised before the sequestration orders or on appeal.

Jurisdiction
Australia
Judgment Date
30 July 2014
Procedural Posture
Bankruptcy Proceedings / Hearing of the Balance of an Interlocutory Application Filed 30 May 2014 After Paragraph 1 Had Been Refused by Robertson J
Outcome
The balance of the interlocutory application filed 30 May 2014 was dismissed with costs.
Legal Topics
['sequestration Orders' 'removal of Trustee in Bankruptcy' 'bankruptcy Notice' 'abuse of Process' 'collateral Attack on Final Judgment' 'pecuniary Penalties']
['bankruptcy' 'civil Procedure'] ['sequestration Orders' 'removal of Trustee in Bankruptcy' 'bankruptcy Notice' 'abuse of Process' 'collateral Attack on Final Judgment' 'pecuniary Penalties']

Case Brief

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Procedural Posture

Bankruptcy Proceedings / Hearing of the Balance of an Interlocutory Application Filed 30 May 2014 After Paragraph 1 Had Been Refused by Robertson J

Legal Issues

  1. 1 ['Whether the Court should reinstate the Official Trustee in place of the registered trustee appointed on 7 April 2014.' 'Whether the Court should review the sequestration orders made by Judge Driver on 20 December 2013.' 'Whether pecuniary penalties should be imposed on the respondent and his solicitor for alleged failure to accept or disclose a cheque for $48,212.62.' 'Whether the bankruptcy proceedings amounted to an abuse of process.']

Ratio Decidendi

The balance of the interlocutory application was dismissed because the applicants showed no evidentiary or statutory basis for removing the trustee, their request to review the sequestration orders was an impermissible collateral attack and abuse of process after appeal, and their claims for pecuniary penalties or damages based on the alleged proffered cheque were legally misconceived or matters that should have been raised before the sequestration orders or on appeal.

Court Disposition

The balance of the interlocutory application filed 30 May 2014 was dismissed with costs.

Orders

  • ['The balance of the interlocutory application filed 30 May 2014 (consisting of paragraphs 2-7 thereof) is dismissed.' "The applicants pay the respondent's costs."]