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Australia decisions
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Sampson (Trustee), in the matter of Cam (Bankrupt) [2024] FCA 990
The Federal Court allowed the trustee to distribute dividends in Cam’s bankrupt estate, despite no proper statement of affairs, after finding creditors and potential creditors had been sufficiently identified.
Davey v Vrsecky (Trustee), in the matter of Dessmann [2023] FCA 1274
The Federal Court dismissed an appeal challenging refusal of leave to proceed against a bankrupt, holding the compensation order was a provable debt and not a penalty under s 82(3).
Ogbonna v CTI Logistics Limited [2021] FCA 1664
The Court declined Mr Ogbonna’s recusal application, finding complaints about earlier reasoning could be pursued on appeal and did not show bias.
Cummins v Palms (Chullora) Pty Limited [2020] FCA 1712
Appeal from a decision refusing annulment of a sequestration order was dismissed. The Court found proper service, no bias, and no error in the bankruptcy process.
Turco v Mortgage Ezy Australia Pty Ltd [2020] FCA 1181
Appeal from a sequestration order dismissed. The Court upheld the finding that the debt was not released in bankruptcy because it had been obtained by fraud.
Frigger v Trenfield (No 4) [2020] FCA 797
The Federal Court confined the July 2020 trial to non-loss issues, leaving disputed bankruptcy-loss claims to be dealt with later if necessary.
Metledge v Hopkins [2020] FCA 561
The Federal Court held that a bankruptcy notice was invalid because it listed a PO Box rather than an address where payment or arrangements could realistically be made.
National Australia Bank Limited v State of Queensland [2019] FCA 1804
The Federal Court vested two disclaimed Queensland properties in National Australia Bank under s 133(9) of the Bankruptcy Act so it could enforce its mortgages.
Commissioner of Taxation v Yeo (Trustee) (No 2) [2019] FCA 1188
The Federal Court held that a bankrupt lacked standing to set aside leave granted under s 58(3)(b) and to seek interim orders preserving bankrupt estate property.
Slater v Conley [2019] FCA 909
The Federal Court dismissed an application to set aside a bankruptcy notice, finding no timely and adequate notice of a disputed overstatement under s 41(5).
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