Agresta v Taylor

[2014] FCA 262

FEDERAL COURT OF AUSTRALIA

Agresta v Taylor [2014] FCA 262

Citation:	Agresta v Taylor [2014] FCA 262
Parties:	FERDINANDO AGRESTA v BARRY ANTHONY TAYLOR
File number:	NSD 1964 of 2013
Judge:	JAGOT J
Date of judgment:	26 March 2014
Catchwords:	BANKRUPTCY – application under Bankruptcy Act 1966 (Cth) s 178 and Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1) and 6(1)(a) to set aside decision of trustee in bankruptcy – trustee executed consent order dismissing proceedings instituted by bankrupt in District Court – discretion to refuse relief under Administrative Decisions (Judicial Review) Act 1977 (Cth) where broader relief available under other enactment – whether bankrupt entitled to bring District Court proceedings without consent of trustee in bankruptcy – whether District Court proceedings concerned after-acquired property – whether property held on trust by bankrupt for another – whether Bankruptcy Act 1977 (Cth) s 116(2)(a) applied
Legislation:	Acts Interpretation Act 1901 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Bankruptcy Act 1966 (Cth) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Federal Court Rules 2011 (Cth)
Cases cited:	Meriton Apartments Pty Limited v Industrial Court of New South Wales (2008) 171 FCR 380; [2008] FCAFC 172
Date of hearing:	28 February 2014
Date of last submissions:	14 March 2014
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	46
Counsel for the Applicant:	The applicant appeared in person
Counsel for the Respondent:	The respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1964 of 2013

BETWEEN:	FERDINANDO AGRESTA Applicant
AND:	BARRY ANTHONY TAYLOR Respondent

JUDGE:	JAGOT J
DATE OF ORDER:	26 MARCH 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceeding be dismissed.

2.The applicant pay the respondent’s costs of the proceeding as agreed or taxed.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1964 of 2013

BETWEEN:	FERDINANDO AGRESTA Applicant
AND:	BARRY ANTHONY TAYLOR Respondent

JUDGE:	JAGOT J
DATE:	26 MARCH 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1.               INTRODUCTION

1. The applicant, Ferdinando Agresta, is a bankrupt.  The respondent, Barry Taylor, is his trustee in bankruptcy.  The applicant is aggrieved by a number of decisions the respondent has made, as well as a range of other circumstances relating to his bankruptcy.  In order to understand the applicant’s contentions it is necessary to identify the circumstances leading up to his claims against the respondent.

2. On 28 June 2010, the Federal Magistrates Court of Australia made a sequestration order against the applicant and appointed the respondent as the trustee of the applicant’s bankrupt estate.  The bankruptcy remains undischarged.

3. The applicant contends that during 2009, before he was made bankrupt, a company which he represented (Phoenix Commercial Enterprises Pty Ltd) (Phoenix), entered into an agreement with the owners of a property in Mosman in connection with the carrying out of building work.  The owners of that property, David…