Mann (Trustee) v Storey

[2022] FCA 542

FEDERAL COURT OF AUSTRALIA

Mann (Trustee) v Storey [2022] FCA 542

File number:	NSD 67 of 2022
Judgment of:	STEWART J
Date of judgment:	11 May 2022
Catchwords:	PRACTICE AND PROCEDURE – application by respondent to vacate upcoming final hearing due to alleged inability to participate adequately related to lack of personal computer – whether respondent will be provided with a fair hearing if hearing proceeds on listed date – application dismissed
Legislation:	Bankruptcy Act 1966 (Cth)
Division:	General Division
Registry:	New South Wales
National Practice Area:	Commercial and Corporations
Sub-area:	General and Personal Insolvency
Number of paragraphs:	19
Date of hearing:	11 May 2022
Counsel for the Applicant:	D Edney
Solicitor for the Applicant:	Rydge Evans Lawyers
Counsel for the Respondent:	The respondent appeared in person

ORDERS

NSD 67 of 2022

BETWEEN:

FAROOQ AHMAD MANN AS THE TRUSTEE OF THE ESTATE OF DAVID IAN ANDREW STOREY, A BANKRUPT

Applicant

AND:

DAVID IAN ANDREW STOREY

Respondent

ORDER MADE BY:	STEWART J
DATE OF ORDER:	11 MAY 2022

THE COURT ORDERS THAT:

1.The respondent’s application to vacate the hearing on 19 May 2022 be dismissed.

2.The time for the respondent to file and serve his opening submissions be extended to midday on 16 May 2022.

3.By 4pm on 17 May 2022, the applicant file and serve an electronic court book that:

(a)contains:

(i)the parties’ opening submissions;

(ii)the originating process;

(iii)all affidavits and exhibits that may be relied on at hearing;

(b)is in the form of a consolidated and text searchable PDF document;

(c)is consecutively paginated such that the page number marked on each page matches the PDF page number;

(d)has an index of the documents contained within it; and

(e)has bookmarks of each document included in the index.

4.Also by 4pm on 17 May 2022, the applicant serve a hard copy of the court book on the respondent at his nominated address and deliver a hard copy to my Chambers.

5.The final hearing listed for 19 May 2022 be conducted in person, save that leave be granted to the applicant to give evidence and be cross-examined by audio visual link.

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

REASONS FOR JUDGMENT
(Delivered ex tempore)

STEWART J:

1. This matter is listed for final hearing next week, on 19 May 2022. The respondent applies to vacate the hearing on the basis that he is not in a position to be prepared for it or to participate adequately in it.

2. The applicant is the respondent’s trustee in bankruptcy appointed under the relevant law of Singapore. In the proceeding, the applicant seeks an order that his appointment as trustee be recognised in Australia. He also seeks various related orders including:

   (1)a declaration that any of the respondent’s property located in Australia is vested in him;

   (2)that a receiver be appointed to act on the applicant’s behalf for the purposes of investigating, collecting and realising the property of the respondent in Australia;

   (3)that the receiver be…