Re Close, Frederick trading as F.B. Close Transport Ex Parte Abbott, John Raymond [1983] FCA 233

Re Close, Frederick trading as F.B. Close Transport Ex Parte Abbott, John Raymond [1983] FCA 233

Only the registered trustee whose consent is filed in the proceedings on which the sequestration order is made is appointed, by force of s.156A(3) of the Bankruptcy Act 1966, as the sole trustee of the estate of the bankrupt, not every trustee who has filed a consent in other petitions.

Parties
Bankrupt: Frederick Close trading as F.B. Close Transport; Applicant: John Raymond Abbott; Registered Trustee (appeared in Person): Kevin Michael Pipkin; Respondent: Registrar
Jurisdiction
Australia
Judgment Date
19 August 1983
Procedural Posture
Bankruptcy Application / Declaratory Application After Sequestration Order
Outcome
Declaratory order granted; applicant declared sole trustee; costs reserved
Legal Topics
Appointment of Trustee, Interpretation of Bankruptcy Act 1966 S.156 A(3), Effect of Multiple Consents to Act as Trustee
Bankruptcy Appointment of Trustee Interpretation of Bankruptcy Act 1966 S.156 A(3) Effect of Multiple Consents to Act as Trustee

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Parties

Frederick Close trading as F.B. Close Transport

Bankrupt

John Raymond Abbott

Applicant

Kevin Michael Pipkin

Registered Trustee (appeared in Person)

Registrar

Respondent

Procedural Posture

Bankruptcy Application / Declaratory Application After Sequestration Order

Legal Issues

  1. 1 Whether, upon the making of a sequestration order where separate petitions are filed with consents from different registered trustees, one or multiple trustees are appointed by force of law under s.156A(3) of the Bankruptcy Act 1966.

Ratio Decidendi

Only the registered trustee whose consent is filed in the proceedings on which the sequestration order is made is appointed, by force of s.156A(3) of the Bankruptcy Act 1966, as the sole trustee of the estate of the bankrupt, not every trustee who has filed a consent in other petitions.

Court Disposition

Declaratory order granted; applicant declared sole trustee; costs reserved

Orders

  • Declared that John Raymond Abbott is the sole trustee of the estate of the bankrupt pursuant to s.156A(3) of the Bankruptcy Act 1966-1981.
  • Reserved question of costs.