Federal Court of Australia
Federal Court of Australia
Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143 Appeal from: Body Corporate for Sanderling at Kings Beach v Samsakopoulos (No 2) [2020] FCCA 1909
File number: QUD 234 of 2020
Judgment of: ALLSOP CJ, MARKOVIC, DERRINGTON, COLVIN AND ANASTASSIOU JJ
Date of judgment: 12 August 2021
Catchwords: BANKRUPTCY AND INSOLVENCY - application by trustee for leave to appeal from decision of Federal Circuit Court - where Circuit Court set aside sequestration order and dismissed creditor's petition on review of registrar's decision - where Circuit Court dismissed trustee's application for orders for payment of remuneration, costs and expenses of trustee in administering former bankrupt estate - consideration of nature and extent of power pursuant to s 104(3) of Federal Circuit Court of Australia Act 1999 (Cth) - whether Circuit Court has discretionary power to both set aside sequestration order and annul bankruptcy on review of decision by registrar - whether other source of power to order remuneration of trustee when creditor's petition dismissed - whether Circuit Court had jurisdiction to hear interim application for remuneration orders after creditor's petition dismissed - application for leave to appeal allowed - appeal allowed PRACTICE AND PROCEDURE - consideration of nature of delegated federal judicial power exercised by registrar - consideration of nature of de novo review by judge of registrar's decision
Legislation: Bankruptcy Act 1924 (Cth) s 26 Bankruptcy Act 1966 (Cth) ss 37, 43, 44, 55, 58, 74, 153A, 153B, 154, 252A, 252B, 252C, 315 Bankruptcy Amendment Act 1980 (Cth) Bankruptcy Amendment Act 1991 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) ss 15, 102, 103, 104 Federal Court of Australia Act 1976 (Cth) ss 28, 35A Bankruptcy Regulations 2021 (Cth) reg 80 Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) rr 2.02, 7.02, Schedule 1, Item 9 Federal Circuit Court Rules 2001 (Cth) r 16.05 Federal Court Rules 2011 (Cth) r 39.05
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