Ferris v Schafferius [2008] FCA 116

Ferris v Schafferius [2008] FCA 116

Leave was granted because the proposed proceedings raised inseparable and interrelated questions of fact and law concerning the claim against the bankrupt first respondent, and the trustee in bankruptcy did not object to the grant of leave.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 February 2008
Procedural Posture
Bankruptcy Application for Leave Pursuant to S 58(3)(b) of the Bankruptcy Act 1966 (cth) to Commence Proceedings / Ex Tempore Reasons for Judgment and Orders
Outcome
Application granted; no order as to costs.
Legal Topics
['leave to Commence Proceedings Against Bankrupt' 'recovery of Loan Moneys' 'trustee in Bankruptcy']
['bankruptcy'] ['leave to Commence Proceedings Against Bankrupt' 'recovery of Loan Moneys' 'trustee in Bankruptcy']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy Application for Leave Pursuant to S 58(3)(b) of the Bankruptcy Act 1966 (cth) to Commence Proceedings / Ex Tempore Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether the applicant should be given leave pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to commence proceedings against the bankrupt first respondent for recovery of loan moneys and interest.']

Ratio Decidendi

Leave was granted because the proposed proceedings raised inseparable and interrelated questions of fact and law concerning the claim against the bankrupt first respondent, and the trustee in bankruptcy did not object to the grant of leave.

Court Disposition

Application granted; no order as to costs.

Orders

  • ["The applicant is given leave pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to commence proceedings against the first respondent, Keith Douglas Schafferius, in terms of Exhibit 'MLM-01' to the affidavit of Margaret Laurelle McNamara filed 10 January 2008." 'There shall be no order as to costs.']