Re Belehris, P. v. Ex Parte Pipkin, K.M. [1985] FCA 33

Re Belehris, P. v. Ex Parte Pipkin, K.M. [1985] FCA 33

The applicant failed to establish any sufficient grounds for holding an enquiry into the conduct of the trustee or for any supervisory intervention. The evidence did not support complaints of undue complication or delay by the trustee. The trustee’s actions were appropriate to the complexities arising from partnership assets and liabilities, and there was no fault or delay attributable to the trustee.

Parties
Applicant: Peter Belehris; Trustee: Kevin Michael Pipkin
Jurisdiction
Australia
Judgment Date
11 February 1985
Procedural Posture
Application / Final Judgment
Outcome
application dismissed
Legal Topics
Trustee Conduct, Administration of Bankrupt Estate, Enquiry Into Trustee, Remuneration of Trustee, Delay in Bankruptcy Discharge
Bankruptcy Trustee Conduct Administration of Bankrupt Estate Enquiry Into Trustee Remuneration of Trustee Delay in Bankruptcy Discharge

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Parties

Peter Belehris

Applicant

Kevin Michael Pipkin

Trustee

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 whether administration of estate was unduly complicated and delayed by actions of trustee
  2. 2 whether conduct of trustee should be reviewed and an enquiry ordered under s.179(1) of the Bankruptcy Act 1966

Ratio Decidendi

The applicant failed to establish any sufficient grounds for holding an enquiry into the conduct of the trustee or for any supervisory intervention. The evidence did not support complaints of undue complication or delay by the trustee. The trustee’s actions were appropriate to the complexities arising from partnership assets and liabilities, and there was no fault or delay attributable to the trustee.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the costs of the Trustee.