Winn v Leigh (Trustee), in the matter of Winn (Bankrupt)
[2025] FedCFamC2G 146
•10 February 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Winn v Leigh (Trustee), in the matter of Winn (Bankrupt) [2025] FedCFamC2G 146
File number(s): BRG 1072 of 2018 Judgment of: JUDGE EGAN Date of judgment: 10 February 2025 Catchwords: BANKRUPTCY – where the applicant failed to comply with Orders of the Court - where the proceeding has become stagnant – application dismissed. Legislation: Federal Court of Australia Act 1976 (Cth)
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)
Division: Division 2 General Federal Law Number of paragraphs: 9 Date of hearing: In Chambers on the papers Place: Brisbane Applicant: No appearance Respondent: No appearance ORDERS
BRG 1072 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
IN THE MATTER OF JULENE WINN, BANKRUPT
BETWEEN: JULENE WINN (BANKRUPT)
Applicant
AND: DAVID JOHN LEIGH AS FORMER TRUSTEE OF THE ESTATE OF JULENE WINN
Respondent
ORDER MADE BY:
JUDGE EGAN
DATE OF ORDER:
7 FEBRUARY 2025
IT IS ORDERED THAT:
1.The proceeding be dismissed pursuant to the provisions of r. 13.05 (1) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE EGAN
On 18 October 2018, an order was made that the proceeding be transferred to this Court pursuant to s 32AB of the Federal Court of Australia Act 1976 (Cth).
On 10 December 2018, an Amended Application was filed seeking various forms of relief relating to the conduct of the respondent as the former trustee of the estate of Julene Winn.
The proceeding progressed routinely until 3 May 2019, when David John Leigh (the respondent) was sentenced to seven years imprisonment, after pleading guilty, to three counts of fraud.
On 18 June 2020, the applicant made an interlocutory application seeking to proceed with the original application against David John Leigh, in his personal capacity.
On 2 November 2020, the applicant filed an affidavit deposing as to her inability to attend the hearing of the interlocutory application listed for 9 November 2020 due to medical reasons, and the need for her to seek legal representation.
On 9 November 2020, the proceeding was stayed until the applicant filed an affidavit attaching medical reports advising that the applicant was fit and able to proceed with her legal proceedings, and until she engaged lawyers for the purpose of prosecuting her claims.
As of 7 February 2025, the applicant has not complied with the orders of the Court.
The Court finds that the applicant has neglected, refused or is otherwise unable to comply with the orders of the Court.
Pursuant to the provisions of r. 13.05 (1) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), the Court considers that in the circumstances, and in the interests of the administration of justice, the proceeding be dismissed.
I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate:
Dated: 10 February 2025
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