Dobrinski v Shepard (Trustee)

Dobrinski v Shepard (Trustee) involved an allegation of a breach of duty by a trustee in bankruptcy, concerning the administration of a bankrupt estate. The Federal Court was required to determine whether Ms Winter should be appointed as a litigation representative for Ms Dobrinski in this matter.

The court had to decide whether Ms Winter had made an informed decision to act as a litigation representative for Ms Dobrinski. This was necessary due to the complex background involving an alleged misuse of a power of attorney, a Deed of Assignment, and multiple proceedings in other courts. Despite reservations about the merits of the claims, Senior Counsel advised that the proceeding had reasonable prospects of success.

The court concluded that the application to appoint Ms Winter as the litigation representative should be granted, provided a new form of Consent was signed and filed. The proceeding was stood over to allow for further directions and to address any interlocutory applications. The court also noted that the respondent had been put to unnecessary expense and that submissions on costs would be entertained.

The court ordered that the parties were to bring in Short Minutes of Orders within fourteen days to give effect to these reasons.