Storry v Clout [2024] FCA 1274

Storry v Clout [2024] FCA 1274

Applicant failed to adduce evidence supporting breach of duties by respondent, failed to establish prima facie case for injunctive relief or preservation orders, discovery application was speculative, and substantive application disclosed no reasonable cause of action; summary judgment granted to respondent.

Source-derived case information.

Parties
Applicant: Venetia Louise Storry; Respondent: David Clout
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Bankruptcy Application / Judgment on Substantive and Interlocutory Applications
Outcome
Applicant's interlocutory and substantive applications dismissed; summary judgment for respondent; costs awarded to respondent.
Legal Topics
Removal of Trustee in Bankruptcy, Trustees' Duties, Summary Judgment, Discovery, Injunctive Relief
Bankruptcy and Insolvency Removal of Trustee in Bankruptcy Trustees' Duties Summary Judgment Discovery Injunctive Relief

Source-derived case record

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Parties

Venetia Louise Storry

Applicant

David Clout

Respondent

Procedural Posture

Bankruptcy Application / Judgment on Substantive and Interlocutory Applications

Legal Issues

  1. 1 Whether respondent breached trustee duties under Bankruptcy Act
  2. 2 Whether applicant established grounds for removal of trustee
  3. 3 Whether applicant entitled to discovery, injunctive relief or order for preservation of property

Ratio Decidendi

Applicant failed to adduce evidence supporting breach of duties by respondent, failed to establish prima facie case for injunctive relief or preservation orders, discovery application was speculative, and substantive application disclosed no reasonable cause of action; summary judgment granted to respondent.

Court Disposition

Applicant's interlocutory and substantive applications dismissed; summary judgment for respondent; costs awarded to respondent.

Orders

  • Applicant's interlocutory application filed 15 February 2024 seeking injunction and preservation of property dismissed.
  • Applicant's oral interlocutory application for discovery dismissed.