Official Receiver, in the matter of Costas (Bankrupt) [1999] FCA 1050

Official Receiver, in the matter of Costas (Bankrupt) [1999] FCA 1050

Because the bankruptcy resulted from the debtor's own petition and Harry Costas did not promote or adopt Mr Pascoe's appointment, s156A(3)(a) did not appoint Mr Pascoe as trustee. There was no registered trustee who was trustee of the estate, so the Official Trustee became trustee by operation of s160 of the Bankruptcy Act 1966 (Cth).

Jurisdiction
Australia
Judgment Date
23 July 1999
Procedural Posture
Bankruptcy Application / Ex Tempore Reasons for Judgment on Application by the Official Receiver for an Order and Direction Determining the Trustee in Bankruptcy
Outcome
The Court declared that the Official Trustee is the trustee in bankruptcy of Harry Costas and otherwise dismissed the application.
Legal Topics
['appointment of Trustee in Bankruptcy' "debtor's Petition" "creditor's Petition" 'consent to Act as Registered Trustee' 'construction of Bankruptcy Act 1966 (cth), S156 A(3)(a)']
['bankruptcy'] ['appointment of Trustee in Bankruptcy' "debtor's Petition" "creditor's Petition" 'consent to Act as Registered Trustee' 'construction of Bankruptcy Act 1966 (cth), S156 A(3)(a)']

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Procedural Posture

Bankruptcy Application / Ex Tempore Reasons for Judgment on Application by the Official Receiver for an Order and Direction Determining the Trustee in Bankruptcy

Legal Issues

  1. 1 ["Whether, on acceptance of Harry Costas's debtor's petition, the trustee in bankruptcy was the Official Trustee or Scott Darren Pascoe, a registered trustee who had filed a consent to act in connection with a creditor's petition." "Whether Bankruptcy Act 1966 (Cth), s156A(3)(a) operated literally to appoint a registered trustee whose consent had been filed and not revoked, despite the bankruptcy resulting from a debtor's petition."]

Ratio Decidendi

Because the bankruptcy resulted from the debtor's own petition and Harry Costas did not promote or adopt Mr Pascoe's appointment, s156A(3)(a) did not appoint Mr Pascoe as trustee. There was no registered trustee who was trustee of the estate, so the Official Trustee became trustee by operation of s160 of the Bankruptcy Act 1966 (Cth).

Court Disposition

The Court declared that the Official Trustee is the trustee in bankruptcy of Harry Costas and otherwise dismissed the application.

Orders

  • ['The Official Trustee is the trustee in bankruptcy of Harry Costas.' 'The application be otherwise dismissed.']