In the Matter of Special Cases Referred to the Court Under Rule 119 and In the Matter of an Application by Coast Securities No.9 Pty Ltd for the issue of bankruptcy notices addressed to Kerry James Trapnell, Gary..

In this matter, the court was asked to consider the eligibility of Coast Securities No.9 Pty Ltd to issue bankruptcy notices to five respondents. The dispute arose from orders for specific performance of contracts of sale made by the Supreme Court of Queensland. Coast Securities sought to enforce its rights under these orders by issuing bankruptcy notices. The central legal issues revolved around the interpretation of certain Bankruptcy Rules and the effect of the Supreme Court's orders on the respondents' obligations.

The court was required to determine whether a bankruptcy notice could be issued against a purchaser who had been ordered by the Supreme Court to perform a contract of sale. This involved interpreting the terms of Bankruptcy Rules 0.47 and 10, specifically the conditions under which an order for specific performance constitutes a "sum payable" that could trigger the issuance of a bankruptcy notice. The court also had to consider whether the specific performance order was a "final" order and if the execution of the order had been stayed.

The court found that the orders for specific performance did not constitute a "sum payable" under the Bankruptcy Rules. The court held that the orders for specific performance were not final orders in the sense required by the Bankruptcy Rules, as they did not determine a specific amount of money that was payable. Furthermore, the court noted that the orders were not stayed, but they did not result in a "sum payable" that could be the basis for a bankruptcy notice. Therefore, the applicant was not entitled to issue bankruptcy notices against the respondents based on these orders.

The court answered the question referred to it, stating that Coast Securities No.9 Pty Ltd was not entitled to issue bankruptcy notices against the respondents based on the Supreme Court of Queensland's orders for specific performance. The court's decision was in line with the interpretation of the relevant Bankruptcy Rules and the nature of the Supreme Court's orders. The court's ruling clarified the legal position regarding the issuance of bankruptcy notices in the context of specific performance orders.