Riva NSW Pty Limited v Official Trustee in Bankruptcy
[2019] HCASL 389
RIVA NSW PTY LIMITED
v
OFFICIAL TRUSTEE IN BANKRUPTCY
[2019] HCASL 389
S259/2019
Having regard to the manner in which the litigation was conducted, and the conclusion of the primary judge that the litigation was an abuse of process, this application for special leave to appeal is not an appropriate vehicle to consider the conclusion of the Court of Appeal of the Supreme Court of New South Wales (Emmett AJA; Bell P agreeing) that there was no property of the trust in respect of which it could be said that the trustee in bankruptcy has become a constructive trustee. The application should be dismissed.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
M.M Gordon J.J Edelman 4 December 2019
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