Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Freeman v Joiner [2005] FCA 547
BANKRUPTCY – assignment of causes of action – refusal by Trustees to consider request for assignment unless provided with sufficient funds to obtain legal advice on the legality of assignment – no funds forthcoming – whether Trustees' refusal to consider request was incorrect – whether justice and equity required a different decision Bankruptcy Act 1966 (Cth) s 178 Freeman v National Australia Bank Limited [2004] FCAFC 318 considered Freeman v National Australia Bank Ltd [2003] FCA 1233 cited Willoughby v Official Trustee in Bankruptcy [2001] FCA 753 applied Re Bankrupt Estate of Hudson [2004] 2 ABC(NS) 69 cited Healey v Prentice (No 2) [2000] FCA 1598 referred to LYNTON NOEL CHARLES FREEMAN v MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON AS TRUSTEES FOR THE BANKRUPT ESTATE OF LYNTON NOEL CHARLES FREEMAN QUD65 OF 2005 TAMBERLIN J SYDNEY (HEARD IN BRISBANE) 6 MAY 2005
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD65 OF 2005
BETWEEN: LYNTON NOEL CHARLES FREEMAN
APPLICANT
AND: MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON AS TRUSTEES FOR THE BANKRUPT ESTATE OF LYNTON NOEL CHARLES FREEMAN
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 6 MAY 2005
WHERE MADE: SYDNEY (HEARD IN BRISBANE)
THE COURT ORDERS THAT: The application is dismissed with costs. 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 QUD65 OF 2005
BETWEEN: LYNTON NOEL CHARLES FREEMAN
APPLICANT
AND: MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON AS TRUSTEES FOR THE BANKRUPT ESTATE OF LYNTON NOEL CHARLES FREEMAN
RESPONDENT
JUDGE: TAMBERLIN J
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