Nixon (Trustee)

[2018] FCA 720

FEDERAL COURT OF AUSTRALIA

Nixon (Trustee) [2018] FCA 720

File number:

QUD 243 of 2018

Judge:

COLLIER J

Date of judgment:

21 May 2018

Catchwords:

BANKRUPTCY AND INSOLVENCY – application for voluntary resignation of a joint trustee in bankruptcy to be accepted – where one joint trustee in bankruptcy will continue as sole trustee in bankruptcy

BANKRUPTCY AND INSOLVENCY – application for voluntary removal of one liquidator and appointment of another liquidator

PRACTICE AND PROCEDURE – application to dispense with rules relating to service – where cost of individual service to numerous bankrupt estates would be significant – whether utility in liquidator of company serving documents upon themselves

Legislation:

Bankruptcy Act 1966 (Cth) s 180

Corporations Act 2001 (Cth) Sch 2 ss 90-15, 90-20

Federal Court Rules 2011 (Cth) r 1.34

Federal Court (Bankruptcy) Rules 2016 (Cth) rr 1.04(2)(a), 8.02(4)(a), 8.02(4)(b)

Federal Court (Corporations) Rules 2000 (Cth) rr 1.3(a), 2.7(1), 2.8(1)

Cases cited:

Condon v Watson [2009] FCA 11; (2009) 174 FCR 314

Emerton Pty Ltd v Referral Marketing Services Pty Ltd & Ors [2009] NSWSC 738

Nixon, in the matter of Nixon [2015] FCA 976

Shanahan, in the matter of Shanahan [2014] FCA 1080

Date of hearing:

21 May 2018

Registry:

Queensland

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

General and Personal Insolvency

Category:

Catchwords

Number of paragraphs:

17

Solicitor for the Applicants:

Mr M Downes of Mahoneys

ORDERS

QUD 243 of 2018

BRENDAN NIXON

First Applicant

LEON LEE

Second Applicant

JUDGE:

COLLIER J

DATE OF ORDER:

21 MAY 2018

THE COURT ORDERS THAT:

1.In respect of each of the estates set out in Schedule 1 of these orders:

(a)Pursuant to r 1.34 of the Federal Court Rules 2011 (Cth) (the Rules), compliance with the requirements of r 8.02(4)(b) of the Federal Court (Bankruptcy) Rules 2016 (Cth) be dispensed with.

(b)Pursuant to s 180 and Sch 2 s 90-15(1) of the Bankruptcy Act 1966 (Cth):

(i)the resignation of Leon Lee (the Second Applicant) as one of the two trustees of the estate be accepted; and

(ii)from the acceptance of the Second Applicant's resignation, Brendan Joseph Nixon (the First Applicant) be the sole trustee of the estate and be entitled and obliged to act as such.

2.In respect of each of the liquidations set out in Schedule 2 of these orders:

(a)Pursuant to r 1.34 of the Rules and r 1.3(2) of the Federal Court (Corporations) Rules 2000 (Cth) (the Corporations Rules), compliance with the requirements of r 2.7(1)(b) of the Corporations Rules be dispensed with.

(b)Pursuant to Sch 2 s 90-15(1) of the Corporations Act 2001 (Cth):

(i)The Second Applicant be removed as liquidator; and

(ii)The First Applicant be appointed as liquidator.

SCHEDULE 1

Appointment	Appointment Type	Sole/joint	Date of Appointment
Brett Adam Roland	Bankruptcy	Joint	10/03/2018
Robert Balfour Gibb	Bankruptcy	Joint	09/03/2017
Stephen McGavin & Kathryn McGavin	Bankruptcy	Joint	14/09/2016
Michael Tandean	Bankruptcy	Joint	19/10/2016
Krystina Banks	Bankruptcy	Joint	12/09/2016
Gerald Peter Birt (s 81A transfer on 28 Oct. 2016)