Porter as former trustee of the estates of Ghasemi and Kakhsaz v Ghasemi [2021] FCAFC 144

Federal Court of Australia

Porter as former trustee of the estates of Ghasemi and Kakhsaz v Ghasemi [2021] FCAFC 144 Appeal from: Druin Pty Ltd atf Druin No 3 Trust t/as Harvey Norman Commercial v Ghasemi [2020] FCCA 2456

File number: NSD 1119 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 extension of time to seek leave to appeal from decision of Circuit Court - appeal by trustee from decision of Federal Circuit Court as to trustee's remuneration - where primary judge on review of registrar's decision made orders in terms of consent of petitioning creditor and debtors to set aside sequestration orders and dismiss creditor's petition - where primary judge dismissed trustee's application as intervener for order for annulment of bankruptcy and made limited orders for payment of trustee's costs properly and reasonably incurred - consideration of power of Circuit Court to make consequential orders as conferred by s 104(3) of Federal Circuit Court of Australia Act 1999 (Cth) - whether primary judge erred in declining to exercise discretion to order annulment - whether a discretionary power to order annulment upon review of exercise of delegated judicial power unconstitutional - consideration of general approach of Circuit Court for determination of appropriate consequential orders as to trustee's costs - whether primary judge erred in determining appropriate orders as to trustee's costs - application for extension of time allowed - leave to appeal granted - appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 19, 77, 109, 153B, 154 Federal Circuit Court of Australia Act 1999 (Cth) s 104