22 Apr 2021
The applicant lacks standing under section 83 because her assets are insufficient to leave any surplus for her after payment of creditors; the trustees' administration and allowance decisions were not irrational or manifestly wrong; accordingly the court will not interfere and the summons is dismissed.
29 Nov 2019
The Official Receiver correctly concluded that the Bankrupt, acting as personal representative while also holding a beneficial interest for himself and others, was not a bare trustee and his right of action vested in the Official Receiver; the Official Receiver's refusal to assign or consent was a reasonable exercise of trustee discretion given the ORT's assessment of the weak merits and lack of funding, and thus the court will not reverse the decision under s83.
11 Jun 2018
The bankrupt failed to demonstrate that the trustees erred in principle or improperly exercised their discretion in assessing reasonable monthly allowances; consequently the court will not interfere and the trustees' assessment stands.
10 May 2018
The application was dismissed because the trustee had properly considered the bankrupt's circumstances, increased the wife's allowance, was prepared to allow reasonable additional expenses supported by receipts, and the bankrupt had not provided receipts or made contributions; the trustee's decisions were not perverse, irrational or plainly wrong and therefore did not warrant intervention under s.83.
12 Mar 1971
The court held that where an objecting creditor establishes a prima facie case meriting investigation the court will review the trustee's admission de novo; on the evidence before the Full Court the appellants failed to prove a debtor-creditor relationship and their proof was not sustainable and was therefore expunged; the appeal was dismissed.