Freeman v National Australia Bank Limited [2003] FCA 1233

FEDERAL COURT OF AUSTRALIA

Freeman v National Australia Bank Limited [2003] FCA 1233

BANKRUPTCY – whether decision by the trustee to abandon litigation was unjust or inequitable – duties of a trustee in bankruptcy – whether trustee has a duty to prosecute litigation on material which came into existence subsequent to judgment which founds a bankruptcy Bankruptcy Act 1996 (Cth) s 178

Cummings v Claremont Petroleum NL (1995-1996) 185 CLR 124 followed Evans v Hi Fert Pty Ltd [2003] SCSA 186 mentioned Adsett v Berlouis (1992) 37 FCR 201 followed Citicorp Australia Limited v Official Trustee in Bankruptcy (1966) 71 FCR 550 followed Haskins v Official Trustee in Bankruptcy [1996] FCA 242 referred LYNTON NOEL CHARLES FREEMAN v NATIONAL AUSTRALIA BANK LIMITED and ORS No Q 7001 OF 2001 SPENDER J BRISBANE 31 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 7001 OF 2001

BETWEEN: LYNTON NOEL CHARLES FREEMAN

APPLICANT

AND: NATIONAL AUSTRALIA BANK LIMITED

FIRST RESPONDENT

AND: PHILIP GREGORY JEFFERSON and MATTHEW LESLIE JOINER as Trustees of the Bankrupt Estate of Lynton Noel Charles Freeman

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 31 OCTOBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The two notices of motion filed by the applicant on 7 October 2003 are dismissed. 2. The applicant pay the respondents' costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 7001 OF 2001

BETWEEN: LYNTON NOEL CHARLES FREEMAN

APPLICANT

AND: NATIONAL AUSTRALIA BANK LIMITED

FIRST RESPONDENT

AND: PHILIP GREGORY JEFFERSON and MATTHEW LESLIE JOINER as Trustees of the Bankrupt Estate of Lynton Noel Charles Freeman