Re Peter Alexander Gargan; Ex parte Peter Alexander Gargan v The Official Trustee in Bankruptcy [1995] FCA 663

Re Peter Alexander Gargan; Ex parte Peter Alexander Gargan v The Official Trustee in Bankruptcy [1995] FCA 663

Mr. Gargan failed to present an arguable case that any of the causes of action sought for assignment had prospects of success. Assignment cannot be directed where the claims lack merit, as this would be inconsistent with the policy and purpose of the Bankruptcy Act. Previous actions against QWRC, his brother, and SAM Industries lacked legal foundation, and procedural or statutory barriers precluded their resurrection.

Jurisdiction
Australia
Judgment Date
18 August 1995
Procedural Posture
Bankruptcy Application / Judgment on Application for Assignment of Causes of Action
Outcome
Application for assignment of causes of action dismissed. Application for relief in paragraphs 2 and 3 adjourned to District Registrar. Costs reserved.
Legal Topics
['assignment of Causes of Action' 'entitlement to Apply for Extension of Time to Appeal' 'deemed Abandonment Under S. 60(3) Bankruptcy Act' 'validity of Contracts for Sale and Subdivision' 'statutory Discretions and Approvals']
['bankruptcy' 'contract' 'property'] ['assignment of Causes of Action' 'entitlement to Apply for Extension of Time to Appeal' 'deemed Abandonment Under S. 60(3) Bankruptcy Act' 'validity of Contracts for Sale and Subdivision' 'statutory Discretions and Approvals']

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Procedural Posture

Bankruptcy Application / Judgment on Application for Assignment of Causes of Action

Legal Issues

  1. 1 ['Whether causes of action vested in trustee should be assigned to the bankrupt' 'Whether the bankrupt has an arguable case with prospects of success on causes of action' 'Impact of deemed abandonment of action under s. 60(3) Bankruptcy Act' 'Entitlement to apply for extension of time to appeal as property of the bankrupt' 'Validity of contract for sale and subdivision under statutory requirements']

Ratio Decidendi

Mr. Gargan failed to present an arguable case that any of the causes of action sought for assignment had prospects of success. Assignment cannot be directed where the claims lack merit, as this would be inconsistent with the policy and purpose of the Bankruptcy Act. Previous actions against QWRC, his brother, and SAM Industries lacked legal foundation, and procedural or statutory barriers precluded their resurrection.

Court Disposition

Application for assignment of causes of action dismissed. Application for relief in paragraphs 2 and 3 adjourned to District Registrar. Costs reserved.

Orders

  • ['Application insofar as it seeks the relief in paragraph 1 is dismissed.' 'Application insofar as it seeks the relief in paragraphs 2 and 3 is adjourned to the District Registrar.' 'Costs of the application be reserved.']