Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis (No 2)

The trustee, in the matter of Sopikiotis (Bankrupt), brought an application against the bankrupt, seeking possession of a property and the duplicate certificate of title. The matter was heard in the Federal Court of Australia. The Trustee sought an order under section 30 of the Bankruptcy Act 1966 (Cth) for the Bankrupt to vacate the property and deliver up the duplicate certificate of title. Additionally, the Trustee sought an order under section 77 of the Bankruptcy Act for the Bankrupt to deliver up the duplicate certificate of title. The Bankrupt applied for an adjournment of the hearing, which the Trustee opposed.

The court considered the power to stay proceedings under section 52(3) of the Bankruptcy Act, which is limited to 21 days. The court examined the discretionary factors relevant to granting an adjournment, including the reasons for the delay, the likelihood of prejudice to the Trustee, and the public interest in the prompt resolution of the matter. The court found that the Bankrupt's reasons for the delay were not sufficient to warrant an adjournment. The court also found that the Trustee would be prejudiced if the hearing was adjourned, as the Trustee's ability to manage the bankrupt estate would be hindered. The court denied the application for an adjournment.

The court granted the Trustee's application for possession of the property and the duplicate certificate of title. The court ordered the Bankrupt to vacate the property within 60 days and deliver up the duplicate certificate of title to the Trustee. The court also ordered that, if the Bankrupt failed to deliver vacant possession within the specified timeframe, a warrant of possession would issue forthwith. The court ordered that the Trustee's costs of the application be paid out of the Bankrupt's estate. The orders were entered in accordance with Rule 39.32 of the Federal Court Rules 2011.