Coshott v Coshott

[2013] FCA 156

FEDERAL COURT OF AUSTRALIA

Coshott v Coshott [2013] FCA 156

Citation:		Coshott v Coshott [2013] FCA 156
Parties:		JAMES COSHOTT and LJILJANA COSHOTT v ROBERT GILBERT COSHOTT and JOHN CHRISTOPHER BURKE; JOHN CHRISTOPHER BURKE AS TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT, A BANKRUPT; JAMES COSHOTT, LJILJANA COSHOTT, ROBERT GILBERT COSHOTT and SCHILOTSZKY'S NOMINEE COMPANY PTY LIMITED
File number:		NSD 1412 of 2009
Judge:		BUCHANAN J
Date of judgment:		25 February 2013
Legislation:		Bankruptcy Act 1966 (Cth)
Date of hearing:	25 February 2013
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	3
Counsel for the Applicants:	The First Applicant appeared in person for the Applicants
Counsel for the First Respondent:	The First Respondent appeared in person
Counsel for the Second Respondent:	Mr J Johnson
Solicitor for the Second Respondent:	Sally Nash & Co Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1412 of 2009

BETWEEN:

JAMES COSHOTT
First Applicant

LJILJANA COSHOTT
Second Applicant

ROBERT GILBERT COSHOTT
First Respondent

JOHN CHRISTOPHER BURKE
Second Respondent

JOHN CHRISTOPHER BURKE AS TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT, A BANKRUPT
Cross-Claimant

AND:

JAMES COSHOTT
First Cross-Respondent

LJILJANA COSHOTT
Second Cross-Respondent

ROBERT GILBERT COSHOTT
Third Cross-Respondent

SCHILOTSZKY'S NOMINEE COMPANY PTY LIMITED
Fourth Cross-Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	25 FEBRUARY 2013
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Official Trustee be substituted for John Christopher Burke as second respondent and cross-claimant in proceedings NSD 1412 of 2009. 

THE COURT DIRECTS THAT:

2.The solicitors for the former trustee notify the Official Trustee, within three working days, of the change of party in those proceedings. 

3.The matter be listed for further directions at 9:30 am on 8 March 2013.

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 1412 of 2009

BETWEEN:

JAMES COSHOTT
First Applicant

LJILJANA COSHOTT
Second Applicant

ROBERT GILBERT COSHOTT
First Respondent

JOHN CHRISTOPHER BURKE
Second Respondent

JOHN CHRISTOPHER BURKE AS TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT, A BANKRUPT
Cross-Claimant

AND:

JAMES COSHOTT
First Cross-Respondent

LJILJANA COSHOTT
Second Cross-Respondent

ROBERT GILBERT COSHOTT
Third Cross-Respondent

SCHILOTSZKY'S NOMINEE COMPANY PTY LIMITED
Fourth Cross-Respondent

JUDGE:	BUCHANAN J
DATE:	25 FEBRUARY 2013
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Earlier this morning, I made orders the effect of which was to accept the resignation of the second respondent/cross-claimant as trustee of the bankrupt estate of the first respondent/third cross-respondent.  I did not appoint another trustee in substitution.  The effect of s 160 of the Bankruptcy Act 1996 (Cth) is that the Official Trustee is, by force of that section, now the trustee of the estate.  I order that the Official Trustee be substituted for John Christopher Burke as second respondent and cross-claimant in proceedings NSD 1412 of 2009. 

2. I direct that the solicitors for the former trustee notify the Official Trustee, within three working days, of the change of party in those proceedings. 

3. I list that matter for further directions at 9:30 am on 8 March 2013.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Buchanan.

Associate:

Dated:       1 March 2013