Miao v Michell

The applicant, Mr. Miao, sought relief under section 90-15 of Schedule 2 to the *Bankruptcy Act 1966* (Cth) against the respondent, Mr. Michell, who was the trustee of Mr. Miao's bankrupt estate. The dispute arose from Mr. Miao's applications for the removal of the trustee and claims for damages, which had a long history of litigation. Mr. Miao did not appear at the hearing of these applications.

The court was required to determine whether Mr. Miao had made out his claims for damages and whether the applications for the removal of the trustee should be granted. The court also considered the applicant's non-appearance at the hearing.

Judge Blake dismissed Mr. Miao's applications, finding that the claims for damages had not been made out. The court noted the long history of litigation and the applicant's failure to appear at the hearing. Consequently, all extant applications were dismissed.