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) |
| 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
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.
That the interim application for summary dismissal of the application otherwise be upheld.
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
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”.
The interim application seeks order in…
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- Stillman v Pascoe [2010] FMCA 548
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(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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