Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vasiliou v Marchesi [2005] FCA 1471
BANKRUPTCY – Application to remove trustee in bankruptcy – alleged failure of trustee to act in accordance with law – whether proper case for inquiry has been demonstrated – no evidence before the Court to justify removal PRACTICE AND PROCEDURE – Motion to strike out application – application to have affidavits removed from court file Bankruptcy Act 1966 (Cth) ss 178, 179 Wilson v Commonwealth of Australia [1999] FCA 219, followed Turner v Official Trustee in Bankruptcy, unreported Full Court, 27 November 1998, applied Macchia v Nilant (2001) 110 FCR 101, cited
ANDREW VASILIOU and VASILIKI APOSTOLOU vBRENDAN JOHN MARCHESI
VID 437 OF 2005
MARSHALL J
20 OCTOBER 2005
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 437 OF 2005
BETWEEN: ANDREW VASILIOU and VASILIKI APOSTOLOU
APPLICANTS
AND: BRENDAN JOHN MARCHESI
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 20 OCTOBER 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The substantive application is dismissed.
2. The applicants pay the respondent's costs of and incidental to 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
VICTORIA DISTRICT REGISTRY VID 437 OF 2005
BETWEEN: ANDREW VASILIOU and VASILIKI APOSTOLOU
APPLICANTS
AND: BRENDAN JOHN MARCHESI
RESPONDENT
JUDGE: MARSHALL J
DATE: 20 OCTOBER 2005
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 Mr Vasiliou is a bankrupt. Ms Apostolou is his wife. They are the applicants in the current proceeding. Tasiopoulos Lambros and Co are Mr Vasiliou's former solicitors. They are the creditors who applied for the sequestration of his estate. Mr Marchesi is Mr Vasiliou's trustee in bankruptcy. HSBC Bank Australia Limited is Mr Vasiliou's former financier. 2 In their amended application the applicants applied for relief in the following terms: "1. Removal of the Trustee Second Respondent Named in this prossidings.
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