Re Lisciandro, Cono; Ex parte Lisciandro, Cono v Official Trustee in Bankruptcy [1995] FCA 716

CATCHWORDS BANKRUPTCY - review of decision of trustee - admission of debt - guarantee signed by debtor - induced to sign by misleading and deceptive conduct - trust and reliance placed on procurer of signature - documents entrusted to another for signature - whether acting as agent for company requiring security - conduct attributable to a corporation - promise omitted from guarantee - obligation to pay monies arising upon default Bankruptcy Act 1966 s 99, 178 Trade Practices Act 1974 s 52, 84(2) Demagogue Pty Ltd v Ramensky & Anor (1992) 39 FCR 31 Refd The Commercial Bank of Australia Ltd v Amadio & Anor (1982-3) 151 CLR 447 Cons Owen & Gutch v Homan [1853] 4 HLC 997 10 ER 752 Refd Akins v National Australia Bank (1994) 34 NSWLR 155 Refd Barclays Bank PLC v O'Brien & Anor [1994] 1 AC 180 Cons Challenge Bank Ltd v Pandya & Ors (1993) 60 SASR 330 Cons Bank of Credit and Commerce International SA v Aboody [1990] 1 QB 923 Refd Burke & Anor v State Bank of New South Wales Ltd (unreported decision of Santow J Supreme Court of New South Wales 17 October 1994)(noted at (1995) ANZ ConvR 173) Alderton & Anor v The Prudential Assurance Company Limited (1993) 41 FCR 435 Cons Trade Practices Commission v Queensland Aggregates Pty Ltd & Anor (No 3) (1982) 61 FLR 52 Refd Walplan Pty Ltd v Wallace (1985) 8 FCR 27 Refd Sunbird Plaza Pty Ltd v Maloney (1987-8) 166 CLR 245 Refd Jowitt v Callaghan (1938) 38 SR(NSW) 512 Refd Re Cono Lisciandro ex parte The Abovenamed v Official Trustee in Bankruptcy No QB 2058 of 1994 Kiefel J Brisbane 6 September 1995

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QB 2058 of 1994 RE: CONO LISCIANDRO EX PARTE: THE ABOVENAMED Applicant AND: OFFICIAL TRUSTEE IN BANKRUPTCY Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 6 September 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of Alminco Pty Ltd of and incidental to the application including reserved costs. THE COURT GRANTS: 3. Liberty to the Official Trustee to apply with respect to any costs incurred by the Trustee NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.