Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kimber v Clark in his capacity as trustee of the property of Kimber [2022] FCAFC 198 Appeal from: Clark and Aravanis in their capacity as joint and several trustees of the property of Kimber v Owners Corporation SP48216 (No 2) [2021] FedCFamC2G 62
File number: NSD 1373 of 2021
Judgment of: BROMWICH, CHEESEMAN AND MCEVOY JJ
Date of judgment: 16 November 2022
Date of publication of reasons: 9 December 2022
Catchwords: BANKRUPTCY – appeal from orders made by a judge of the (former) Federal Circuit Court of Australia – where there was an application for orders to facilitate the sale of real property to complete the administration of the bankrupt estate – where there is a separate question concerning the bankrupt's interest in the property – where there is a dispute between the trustees and the major creditor concerning a proof of debt and claimed priority legal costs - where the appellant has not identified any errors made by the primary judge – held: appeal dismissed, with minor amendments to the orders.
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 30(1), 77, 90-15, 109(1)(a), 116, 116(2), 116(3), 116(4) Bankruptcy Regulations 2021 (Cth) s 25
Cases cited: Fodare Pty Ltd v Shearn [2009] NSWSC 1140
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 45
Date of hearing: 16 November 2022
Solicitor for the Appellant: Mr H Sonmez (pro bono)
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