Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lofthouse (In the matter of Guss) [2001] FCA 25
BANKRUPTCY – application by trustee in bankruptcy for directions – form of directions sought – whether appropriate to make directions in declaratory form BANKRUPTCY – stay of pending proceeding commenced by the bankrupt – election by the trustee in bankruptcy whether to prosecute or discontinue proceeding – whether applicable to proceedings brought by bankrupt as a bare trustee – whether valid election WORDS & PHRASES – "action", "election"
Bankruptcy Act 1966 (Cth), ss 30, 58, 60(2), 60(3), 60(4), 60(4A), 60(5), 134(4) Sutherland (In the matter of Scutts) [1999] FCA 147, considered Re Duckworth; Ex parte Official Trustee in Bankruptcy (R D Nicholson J, 20 October 1995, unreported), considered Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421, cited McLeish v Faure (1979) 40 FLR 462, cited John v Neiman Holdings Pty Ltd (1986) 84 FLR 84, considered Daemar v Industrial Commission of NSW (1988) 79 ALR 591, considered Faulkner v Bluett (1981) 52 FLR 115, considered Lamru Pty Ltd v Kation Pty Ltd (1998) 44 NSWLR 432, cited Holmes v Goodyear Tyre & Rubber Co (Aust) Ltd (1984) 55 ALR 594, distinguished Re: Collins; Ex parte Official Trustee in Bankruptcy and Bracher (1986) 65 ALR 338, followed
LOFTHOUSE (IN THE MATTER OF GUSS A BANKRUPT) VG 7353 OF 1997 JUDGE: GRAY J PLACE: MELBOURNE DATE: 25 JANUARY 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 7353 OF 1997
IN THE MATTER OF:
JOSEPH GUSS
BANKRUPT
DAVID LOFTHOUSE
(AS TRUSTEE OF THE ESTATE OF JOSEPH GUSS, A
BANKRUPT)
Applicant
JUDGE: GRAY J
DATE OF ORDER: 25 JANUARY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application the subject of the notice of motion filed on 15 January 2001 be dismissed. 2. The applicant pay the costs of the bankrupt and the Geelong Building Society (in liquidation) of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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