Freeman v National Australia Bank Limited [2004] FCAFC 318

FEDERAL COURT OF AUSTRALIA

Freeman v National Australia Bank Limited [2004] FCAFC 318

BANKRUPTCY – vesting of rights of action in trustee – proceeding to compel trustee to prosecute or assign vested actions – no injustice or inequity shown so as to enliven Court's supervisory jurisdiction under the Bankruptcy Act 1966 (Cth) – leave to appeal refused – appeal dismissed as incompetent Bankruptcy Act 1966 (Cth) s 60(2), 60(3) Federal Court of Australia Act 1976 (Cth) s 24(1A) Uniform Civil Procedure Rules 1999 (Qld) Rule 668 Citicorp Australia Ltd v Official Trustee in Bankruptcy (1965) 71 FCR 550 applied Hall v Nominal Defendant (1966) 117 CLR 423 applied Freeman v National Australia Bank Limited [2003] FCA 1233 affirmed LYNTON NOEL CHARLES FREEMAN v NATIONAL AUSTRALIA BANK LIMITED & ANOR Q 178 OF 2003 LEE, MERKEL & HELY JJ 1 DECEMBER 2004 SYDNEY (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 178 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: LYNTON NOEL CHARLES FREEMAN

APPELLANT

AND: NATIONAL AUSTRALIA BANK LIMITED

FIRST RESPONDENT

MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON AS TRUSTEES OF THE BANKRUPT ESTATE OF LYNTON NOEL CHARLES FREEMAN

SECOND RESPONDENT

JUDGES: LEE, MERKEL & HELY JJ

DATE OF ORDER: 1 DECEMBER 2004

WHERE MADE: SYDNEY (HEARD IN BRISBANE)

THE COURT ORDERS THAT: 1. The application for leave to appeal be refused, and the appeal be dismissed as incompetent. 2. The appellant pay the costs of the second respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 178 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA