Official Trustee in Bankruptcy as Trustee of the Bankrupt Estate of Rodolfo Severio Pastro v Pastro [2004] FCA 713

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy as Trustee of the Bankrupt Estate of Rodolfo Severio Pastro v Pastro [2004] FCA 713 BANKRUPTCY – distribution of bankrupt assets – whether certain creditors be given an advantage over other creditors under s 109(10) Bankruptcy Act 1966 (Cth) (the Act) due to indemnities given to Official Trustee in Bankruptcy (trustee) against cost of litigation – consideration of limitations upon indemnities – nature and application of Court's discretion under s 109(10) of the Act BANKRUPTCY – application under s 104 of Act to review, reverse or vary trustee's decision to partially reject proof of debt lodged by creditor Bankruptcy Act 1966 (Cth) ss 33(1)(c), 104, 108, 109(10), 120, 121, 305 Official Trustee v Pastro [1999] FCA 1631 cited Pastro v Official Trustee in Bankruptcy [2000] FCA 508 cited Pastro v Official Trustee in Bankruptcy [2000] FCA 744 cited Re Butler; Ex parte Taylor (1995) 57 FCR 499 applied Official Trustee in Bankruptcy, in the matter of Matson v Deputy Commissioner of Taxation [1999] FCA 914 applied Re the Estate of Lawrence Robert Connell (Deceased) [2001] FCA 51 applied Re Glenisia Investments Pty Ltd (In Liquidation) (1996) 14 ACLC 237 cited Re Home Corp Projects [2002] NSWSC 879 cited Re Bavistock (1946) 14 ABC 30 applied Rocom International Pty Ltd v Prentice [2002] FCA 604 applied

IN THE MATTER OF RODOLFO SEVERIO PASTRO, OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF RODOLFO SEVERIO PASTRO v EMILIO PASTRO S.4 of 2004 MANSFIELD J 9 JUNE 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.4 OF 2004

BETWEEN: IN THE MATTER OF RODOLFO SEVERIO PASTRO

OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF RODOLFO SEVERIO PASTRO