Goodin, in the matter of Goodin [2024] FCA 1512

Goodin, in the matter of Goodin [2024] FCA 1512

It is appropriate to accept the resignation of the applicant as trustee and appoint Mr Moretti as replacement trustee, with dispensation of service requirements, as the cost and burden of formal service on each debtor would be uneconomic, there is no evidence of prejudice, AFSA and the IG do not oppose, and the administration of the estates will be uninterrupted.

Parties
Applicant: Peter Andrew Goodin; Replacement Trustee: Richard Moretti
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Bankruptcy Application / Application for Resignation and Replacement of Trustee
Outcome
application granted
Legal Topics
Resignation of Trustee, Appointment of Replacement Trustee, Dispensation of Service Requirements
Bankruptcy Insolvency Resignation of Trustee Appointment of Replacement Trustee Dispensation of Service Requirements

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Parties

Peter Andrew Goodin

Applicant

Richard Moretti

Replacement Trustee

Procedural Posture

Bankruptcy Application / Application for Resignation and Replacement of Trustee

Legal Issues

  1. 1 Whether the Court should accept the applicant's resignation as trustee of the regulated debtors' estates under s 180 of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether the Court should appoint Mr Richard Moretti as replacement trustee under s 90-15 of Schedule 2 to the Bankruptcy Act 1966 (Cth)
  3. 3 Whether compliance with the service requirements in rr 8.02(4)(a) and (b) of the Federal Court (Bankruptcy) Rules 2016 (Cth) should be dispensed with

Ratio Decidendi

It is appropriate to accept the resignation of the applicant as trustee and appoint Mr Moretti as replacement trustee, with dispensation of service requirements, as the cost and burden of formal service on each debtor would be uneconomic, there is no evidence of prejudice, AFSA and the IG do not oppose, and the administration of the estates will be uninterrupted.

Court Disposition

application granted

Orders

  • Compliance with rr 8.02(4)(a) and (b) of the Federal Court (Bankruptcy) Rules 2016 (Cth) dispensed with.
  • Resignation of Peter Andrew Goodin as trustee of the regulated debtors' estates accepted.