Brake v WFH Enterprises Pty Ltd (Administrators Appointed), in the matter of Brake [2017] FCA 1597

Brake v WFH Enterprises Pty Ltd (Administrators Appointed), in the matter of Brake [2017] FCA 1597

It is appropriate to appoint Jason Walter Bettles and Raj Khatri as substitute Deed Administrators and trustees in the relevant matters, accepting Mr Brake's resignation, as there are no objections and all statutory requirements have been met.

Parties
Applicant: Paul Newton Brake; First Respondent: WFH Enterprises Pty Ltd (Administrators Appointed); Second Respondent: The Bankrupt Estate of Julie-Marrie Blackman; Third Respondent: The Bankrupt Estate of Lex Michael Priddy
Jurisdiction
Australia
Judgment Date
20 December 2017
Procedural Posture
Application / Judgment and Orders
Outcome
Application granted
Legal Topics
Appointment of Administrators, Resignation of Trustee, Replacement of Trustee, Insolvency Procedure
Corporations Bankruptcy Appointment of Administrators Resignation of Trustee Replacement of Trustee Insolvency Procedure

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Parties

Paul Newton Brake

Applicant

WFH Enterprises Pty Ltd (Administrators Appointed)

First Respondent

The Bankrupt Estate of Julie-Marrie Blackman

Second Respondent

The Bankrupt Estate of Lex Michael Priddy

Third Respondent

Procedural Posture

Application / Judgment and Orders

Legal Issues

  1. 1 Whether the Court should appoint new Deed Administrators under s 447A of the Corporations Act 2001 (Cth) following the resignation of the current administrator
  2. 2 Whether the Court should appoint new trustees under s 180 of the Bankruptcy Act 1966 (Cth) following the resignation of the current trustee

Ratio Decidendi

It is appropriate to appoint Jason Walter Bettles and Raj Khatri as substitute Deed Administrators and trustees in the relevant matters, accepting Mr Brake's resignation, as there are no objections and all statutory requirements have been met.

Court Disposition

Application granted

Orders

  • Pursuant to s 447A of the Corporations Act 2001 (Cth) Jason Walter Bettles and Raj Khatri be appointed as substitute Deed Administrators for WFH Enterprises Pty Ltd ACN 093 394 168 (Administrator Appointed) in place of Paul Newton Brake.
  • Pursuant to s 180 of the Bankruptcy Act 1966 (Cth) Paul Newton Brake be removed from his appointment as trustee of the Bankrupt Estate of Julie Ann-Marrie Blackman (QLD 521/7/8) and be replaced by Jason Walter Bettles and Raj Khatri.