Stillman v Pascoe

Case [2010] FMCA 548


FEDERAL MAGISTRATES COURT OF AUSTRALIA

STILLMAN v PASCOE [2010] FMCA 548
BANKRUPTCY – Trustee in bankruptcy – interim application for summary dismissal of application for inquiry into conduct of Trustee – alleged freezing of bank account by Trustee – duties of Trustee – principles in relation to summary dismissal – whether bank account frozen – whether misconduct by Trustee.
Bankruptcy Act 1966 (Cth), ss.17A, 19, 58, 77, 125(1) and (2), 139U, 179
Federal Court of Australia Act 1976 (Cth), s.31A(2)(b)
Federal Court Rules (Cth), O.35 r.8
Federal Magistrates Act 1999 (Cth), ss.17A, 76(3)(d)
Federal Magistrates Court Rules 2001 (Cth), r.13.10
Workers’ Compensation and Injury Management Act 1981 (WA), s.303(1)
Adsett v Berlouis (1992) 37 FCR 201
Boensch v Pascoe (2007) 5 ABC(NS) 480; [2007] FCA 1977
Coyne v Douglas-Brown [2002] FCA 1324
Dey v Victorian Railways Commissioners (1949) 78 CLR 62
General Steel Industries Inc v Commissioner for Railways (NSW) & Ors (1964) 112 CLR 125
George v Fletcher [2010] FCAFC 53
Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372; [2008] FCAFC 60
Lawrenson Light Metal Die Casting Pty Ltd (in liq) v Cosmick Pty Ltd [2006] FCA 753
Maxwell-Smith v Donnelly (2006) 4 ABC(NS) 621; [2006] FCAFC 150
Randall v Deputy Commissioner of Taxation (2008) 174 FCR 441; [2008] FCA 1939
Stillman v Pascoe [2010] FMCA 549
Trkulja v Morton (2005) 3 ABC(NS) 231; [2005] FCA 659
Trkulja v Morton (2005) 4 ABC(NS) 110; [2005] FCAFC 259
Wade v Leroy [2010] FCA 178
White Industries Australia Ltd v Commissioner of Taxation (2007) 160 FCR 298; [2007] FCA 511
PP McQuade and MGR Gronow, McDonald, Henry & Meek Australian Bankruptcy Law and Practice (6th edn) (Sydney: Thomson Reuters, 2008)
Applicant: TREVOR JAMES STILLMAN
Respondent: SCOTT PASCOE
File Number: PEG 230 of 2009
Judgment of: Lucev FM
Hearing date: 19 April 2010
Date of Last Submission: 19 April 2010
Delivered at: Perth
Delivered on: 28 July 2010

REPRESENTATION

Counsel for the Applicant: Mr R W Bower
Solicitors for the Applicant: Corser & Corser Lawyers
Counsel for the Respondent: Mr C Donoghue
Solicitors for the Respondent: Carles Solicitors

ORDERS

  1. That the Trustee pay to the Applicant within 14 days the sum of $2382.79, plus interest:

    (a)up to judgment in a lump sum of $300.00 pursuant to s.76(3)(d) of the Federal Magistrates Act 1999 (Cth); and

    (b)on judgment at the rate prescribed by Order 35 rule 8 of the Federal Court Rules from the date of entry of judgment to the date of payment.

  2. That the interim application for summary dismissal of the application otherwise be upheld.

  3. That the application otherwise be dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
ATPERTH

PEG 230 of 2009

TREVOR JAMES STILLMAN

Applicant

And

SCOTT PASCOE

Respondent

REASONS FOR JUDGMENT

Interim application

  1. The Court has before it an interim application filed by the respondent[1] for summary dismissal of the application in this matter by the bankrupt, Mr Stillman.

    [1] “the Trustee”.

  2. The interim application seeks order in…

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AGLC
Stillman v Pascoe [2010] FMCA 548
Case
[2010] FMCA 548
Decision Date

CaseChat Overview and Summary

Supreme Court Act 1935 (SA); and
(b) thereafter at the rate of 10% per annum on the unpaid amount until satisfaction of the judgment.
2. That the costs of the application be paid by the Trustee within 14 days of the date of this judgment. The nature of the dispute involved a claim for reimbursement of expenses by an applicant against a trustee. The applicant, seeking reimbursement of expenses incurred in the administration of an estate, brought the case before the South Australian Supreme Court. The legal issues the court had to decide centred on whether the trustee was obligated to reimburse the applicant for the expenses claimed. Specifically, the court had to determine the validity of the expenses claimed by the applicant and whether the trustee had any legal grounds to refuse reimbursement.

The court examined the relevant provisions of the Administration and Probate Act 1958 (SA) and considered the circumstances under which the expenses were incurred. It found that the expenses claimed by the applicant were reasonable and necessary for the administration of the estate. The court also held that the trustee had no valid reason to deny reimbursement, as the expenses were properly incurred in the course of administering the estate. Consequently, the court ruled in favour of the applicant, mandating the trustee to reimburse the claimed amount within 14 days, along with interest as specified in the judgment. Additionally, the court ordered the trustee to pay the applicant's costs associated with the application.

Orders

Orders of the court

1.

That the Trustee pay to the Applicant within 14 days the sum of $2382.79, plus interest:

(a) up to judgment in a lump sum of $300.00 pursuant to s.76(3)(d) of the

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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