Horne (Trustee), in the matter of Pruzanski [2000] FCA 151

FEDERAL COURT OF AUSTRALIA

Horne (Trustee), In the matter of Pruzanski [2000] FCA 151

BANKRUPTCY – Applicant sought removal of trustee in bankruptcy and orders restraining particular firm of solicitors from further acting on behalf of the trustee – whether conduct of trustee justifies his removal – whether conflict of interest in trustee retaining particular firm of solicitors – delay in conflict concern being raised. Bankruptcy Act 1966 (Cth) s 81

Re Abrahams; Ex p Thomas (1985) 70 ALR 784, referred to RE: LEON MARK PRUZANSKI (a Bankrupt) and EX PARTE: STIRLING LINDLEY HORNE (In his capacity as the Trustee of the Bankrupt Estate of Leon Mark Pruzanski). V7731 OF 1999 MARSHALL J MELBOURNE 8 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V7731 OF 1999

RE: LEON MARK PRUZANSKI

A BANKRUPT

EX PARTE: STIRLING LINDLEY HORNE

(In his capacity as the Trustee of the Bankrupt Estate of Leon Mark Pruzanski)

JUDGE: MARSHALL J

DATE OF ORDER: 8 FEBRUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS: 1. That Freehill Hollingdale and Page solicitors be restrained from further acting on behalf of any trustee appointed by this Honourable Court to administer the joint and several bankrupt estates of Leon Mark Pruzanski, Karen Yvonne Pruzanski, Keila Pruzanski, and Tewel Pruzanski. 2. That par 1 of the amended Notice of Motion seeking the removal of Stirling Lindley Horne as trustee be adjourned to 10.15 am on 26 April 2000 or to such other date as one party seeks to have the Court deal with the matter pursuant to liberty to apply under the rules of Court. 3. That the examination scheduled for 10 February 2000 be converted to a mention date only before Registrar Wood with the Registrar being at liberty to schedule the examination as he sees fit subject to submissions of counsel or other parties, however so represented. 4. There be no order as to costs.