31 Jan 2022
The Assignee lawfully exercised its statutory discretion to realise the after-acquired Regent Street property for the benefit of creditors; the circumstances of acquisition and alleged creditor changes were not material in law to require returning the property under s 163, and there was no unconscionable conduct by the Assignee to engage equitable relief.
31 Aug 2021
The Court found it fair under s119 to vest in FAI and the Trustee the sums they agreed and to vest $100,000 in the bankrupt (Mr Johnston); FAI's equitable security over the land and proceeds justified vesting; the Trustee's unregistered mortgage entitled it to $72,000; Mr McKenna's claim was dismissed for lack of evidentiary affidavit and failure to prove loss as a result of the disclaimer.
24 Mar 2010
The Court held that the second defendant (bankrupt) lacked standing because the right to challenge or set aside the judgment vested in the Official Assignee under the Insolvency Act 1967; the deputy assignee's informal letter did not confer or effect abandonment of that right. Conversely, the non-party applicant (wife) had standing because she was demonstrably affected by the judgment (summary judgment against her relied on findings in the impugned judgment) and therefore may apply to set it aside. The second defendant's application was dismissed and the non-party applicant's application gran…