Riva NSW Pty Limited v Official Trustee in Bankruptcy

The applicant, Riva NSW Pty Limited, sought leave to appeal a decision of the primary judge concerning its claim against the Official Trustee in Bankruptcy. The dispute centred on allegations that the Official Trustee had acted in fraudulent disregard of its duties as trustee, and that certain property was subject to a constructive trust binding the Official Trustee. The application for leave to appeal was heard by Bell P and Emmett AJA in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the issues raised in Riva NSW Pty Limited's statement of claim constituted a re-litigation of matters already determined in earlier proceedings. Furthermore, the Court had to assess whether Riva NSW Pty Limited's allegation of fraudulent disregard of duty by the Official Trustee had any reasonable prospects of success, and whether Riva NSW Pty Limited had adequately identified the property it claimed was subject to a constructive trust.

The Court found that the issues raised by the applicant were substantially the same as those that had been determined in previous proceedings, and that the claim of fraudulent disregard of duty lacked any real prospect of success. The Court also noted the applicant's failure to identify the specific property that was alleged to be the subject of a constructive trust binding the Official Trustee. Consequently, leave to appeal was refused. Riva NSW Pty Limited was ordered to pay the Official Trustee's costs of the application for leave to appeal.