Tiraboschi and the Trustees of the Bankrupt Estate of Mr Tiraboschi & Ors

This matter concerned an application by the wife in proceedings filed on 7 July 2017, and an amended response and case outline filed by the trustees of the bankrupt estate of Mr Tiraboschi. The proceedings were heard by Gill J.

The central legal issue before the Court was the extent to which the trustees of Mr Tiraboschi's bankrupt estate could enforce securities over properties in which the wife had an interest, and the procedural steps required to protect the wife's position in relation to those securities. The Court also considered applications made by the wife and the trustees concerning these matters.

Gill J dismissed the wife's application and most of the orders sought by the trustees. However, the Court ordered that the liquidator of A Pty Ltd and B Pty Ltd must provide an undertaking to notify the trustees of the bankrupt estate of Mr Tiraboschi fourteen days before taking any steps to enforce securities over properties in which the wife has an interest. This undertaking was a condition precedent to the dismissal of further orders sought by the trustees. The trustees were granted leave to seek urgent relisting of the matter on 48 hours' notice if the liquidator provided notice pursuant to the undertaking.