Re Nassar Ex parte Macks & Anor [1995] FCA 213

Re Nassar Ex parte Macks & Anor [1995] FCA 213

There is a serious question to be tried as to the ownership of both the Mitsubishi car and the funds credited to the bank account. It is appropriate to make interlocutory orders to protect the applicant's position despite the applicant not being able to provide an undertaking as to damages, due to the lack of funds in the bankrupt estate and the interests of the proper administration of the estate.

Jurisdiction
Australia
Judgment Date
07 April 1995
Procedural Posture
Bankruptcy Application / Interlocutory Hearing for Injunction and Related Orders
Outcome
Matter adjourned to allow further evidence to be filed; interlocutory orders to be formulated upon resumption.
Legal Topics
['ownership of Property of Bankrupt' 'interlocutory Injunctions' 'trustee Vesting of Property' 'balance of Convenience' 'undertaking as to Damages']
['bankruptcy' 'injunctions' 'property Law'] ['ownership of Property of Bankrupt' 'interlocutory Injunctions' 'trustee Vesting of Property' 'balance of Convenience' 'undertaking as to Damages']

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Procedural Posture

Bankruptcy Application / Interlocutory Hearing for Injunction and Related Orders

Legal Issues

  1. 1 ['Whether there is a serious question to be tried as to the ownership of a Mitsubishi vehicle.' 'Whether there is a serious question to be tried as to the ownership of funds credited to a bank account.' 'Whether interlocutory injunctions should be granted without the applicant trustee providing an undertaking as to damages.']

Ratio Decidendi

There is a serious question to be tried as to the ownership of both the Mitsubishi car and the funds credited to the bank account. It is appropriate to make interlocutory orders to protect the applicant's position despite the applicant not being able to provide an undertaking as to damages, due to the lack of funds in the bankrupt estate and the interests of the proper administration of the estate.

Court Disposition

Matter adjourned to allow further evidence to be filed; interlocutory orders to be formulated upon resumption.

Orders

  • ['Interim interlocutory orders extended until next hearing date of 11 April 1995.']