Huynh, Van Tri v Pascoe, Scott Darren [2001] FCA 1187

Huynh, Van Tri v Pascoe, Scott Darren [2001] FCA 1187

The applicant had not provided a proof of debt in the bankrupt's estate at the relevant meetings and was therefore not a 'creditor who is entitled to vote' under s 64N(2) of the Bankruptcy Act 1966 (Cth); accordingly, no quorum was present and there was no basis to order the removal of the trustee.

Parties
Applicant: Van Tri Huynh; Respondent: Scott Darren Pascoe
Jurisdiction
Australia
Judgment Date
28 August 2001
Procedural Posture
Bankruptcy Application / Final Judgment on Application for Removal of Trustee
Outcome
Application dismissed
Legal Topics
Removal of Trustee, Quorum for Meetings of Creditors, Proof of Debt, Interpretation of Bankruptcy Act 1966 (cth)
Bankruptcy Removal of Trustee Quorum for Meetings of Creditors Proof of Debt Interpretation of Bankruptcy Act 1966 (cth)

Case Brief

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Van Tri Huynh

Applicant

Scott Darren Pascoe

Respondent

Procedural Posture

Bankruptcy Application / Final Judgment on Application for Removal of Trustee

Legal Issues

  1. 1 Whether applicant was a 'creditor who is entitled to vote' within the meaning of s 64N(2) of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether a quorum was present at the meetings of creditors held on 17 November 2000 and 30 November 2000
  3. 3 Whether the applicant had given the respondent a proof of debt in the bankrupt's estate

Ratio Decidendi

The applicant had not provided a proof of debt in the bankrupt's estate at the relevant meetings and was therefore not a 'creditor who is entitled to vote' under s 64N(2) of the Bankruptcy Act 1966 (Cth); accordingly, no quorum was present and there was no basis to order the removal of the trustee.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.