Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hughes v Holbrook [2002] FCA 920
BANKRUPTCY – trustees – application for removal – whether proper case – whether sufficient grounds – alleged failure to advise – trustee voting as creditor on composition – trustee's fees – trustee's complaint to police concerning one applicant – alleged failure to produce compulsory contribution assessments – lodgement of objection to discharge of bankrupt – alleged dealings with Australian Taxation Office Bankruptcy Act 1966 (Cth) ss 5(1), 19(1), 64ZB(5), 73, 73(2), 73(2A), 73(4), 139K, 139P, 139Q, 139U, 139ZA, 139ZF, 139ZG, 139ZL, 149D(d), 149D(1)(c), 149D(1)(f), 149K, 178, 179(1), 180 Federal Court Rules O 35 r 10 Meagher et al Jacob's Law of Trusts 6th ed. 1997 at pp. 402 – 405 Wilson v Commonwealth of Australia [1999] FCA 219 followed Macchia v Nilant (2001) 110 FCR 101 followed Adsett v Berlouis (1992) 37 FCR 201 followed Hughes; Ex parte Australian Mutual Providence Society v Kennedy & Hughes (von Doussa J, 5 March 1996, unreported) distinguished Re Dingle, Westpac Banking Corporation v Worrell (1993) 119 ALR 265 distinguished DEREK HUGHES and SANDRA ANNE HUGHES v KIM DAVID HOLBROOK W7097 of 2000 RD NICHOLSON J 26 JULY 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W7097 of 2000
BETWEEN: DEREK HUGHES & SANDRA ANNE HUGHES
APPLICANTS
AND: KIM DAVID HOLBROOK
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 26 JULY 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The applicants' application for removal of the controlling trustee be refused. 2. The applicants pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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