Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 (No 2) [2021] FCAFC 190

Federal Court of Australia

Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 (No 2) [2021] FCAFC 190 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: 1 November 2021

Catchwords: PRACTICE AND PROCEDURE - whether appropriate for further order to determine amount of any loss or damage caused by trustee's conduct - where trustee retained possession of property of second respondent after dismissal of creditor's petition by Federal Circuit Court - where Full Court on appeal determined dismissal of creditor's petition eradicated second respondent's bankruptcy status and set aside sequestration order - where no consequential order made to justify trustee's continuing possession of property after dismissal of creditor's petition - where no steps taken by trustee to return property until hearing of appeal - whether adequate explanation provided by trustee as to delay in re-vesting property - no further order made

Cases cited: Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 22

Date of last submissions: 2 September 2021 (Applicant)

Date of hearing: Determined on the papers