Voskuilen v Morisset Mega Markets

Voskuilen, the plaintiff, sought to recover damages for breach of contract against Morisset Mega Markets, the defendant. The plaintiff was declared bankrupt, and the Official Trustee indicated that it would not take part in the trial. The primary legal issues in the case involved whether the Official Trustee's inaction constituted an election to discontinue the action and whether the defendant was entitled to an order for costs out of the bankrupt estate. Additionally, the court had to consider whether the defendant should have an order for costs of the action and the motion against the plaintiff.

The court held that the Official Trustee's decision not to participate in the trial did not constitute an election to discontinue the action. This was because the Trustee had not formally abandoned the action as required by section 60(3) of the Bankruptcy Act 1966 (Cth). The court further determined that the defendant was not entitled to an order for costs out of the bankrupt estate. In reaching this conclusion, the court noted that the defendant had not shown that the costs were necessary or reasonable in the circumstances of the case. Finally, the court found that the defendant should not have an order for costs of the action and the motion against the plaintiff, as the plaintiff had acted reasonably in defending the action.