Rosenblum, Rupert George v Wily, Hugh Jenner [1997] FCA 1528

Rosenblum, Rupert George v Wily, Hugh Jenner [1997] FCA 1528

The application for review was dismissed because the only proof of debt rejected by the trustee was the proof dated 19 April 1996, while the applicant sought review concerning the form of proof dated 13 August 1997; no trustee decision rejecting that form, whether fresh or amended, existed at the date of the application or at judgment, and no amendment had been made with the trustee's consent under s 98 of the Bankruptcy Act 1966 (Cth).

Jurisdiction
Australia
Judgment Date
16 December 1997
Procedural Posture
Application for Review of a Bankruptcy Trustee's Decision to Reject a Proof of Debt / Respondent's Application for Summary Dismissal Under O 20 of the Federal Court Rules
Outcome
Application dismissed summarily.
Legal Topics
['proof of Debt' 'secured Creditors' 'amendment of Proof of Debt' 'review of Trustee Decision' 'summary Dismissal']
['bankruptcy' 'civil Procedure'] ['proof of Debt' 'secured Creditors' 'amendment of Proof of Debt' 'review of Trustee Decision' 'summary Dismissal']

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Procedural Posture

Application for Review of a Bankruptcy Trustee's Decision to Reject a Proof of Debt / Respondent's Application for Summary Dismissal Under O 20 of the Federal Court Rules

Legal Issues

  1. 1 ["Whether the applicant's review application should be summarily dismissed where the proof of debt dated 13 August 1997 had not been rejected by the trustee." "Whether the applicant's proof of debt had been amended in accordance with the Bankruptcy Act 1966 (Cth)." 'Whether the Court could review under s 104 of the Bankruptcy Act 1966 (Cth) a trustee decision that did not exist.']

Ratio Decidendi

The application for review was dismissed because the only proof of debt rejected by the trustee was the proof dated 19 April 1996, while the applicant sought review concerning the form of proof dated 13 August 1997; no trustee decision rejecting that form, whether fresh or amended, existed at the date of the application or at judgment, and no amendment had been made with the trustee's consent under s 98 of the Bankruptcy Act 1966 (Cth).

Court Disposition

Application dismissed summarily.

Orders

  • ["In reliance on O 20 r 2 of the Federal Court Rules, the applicant's application is dismissed."]