Coshott v Coshott [2010] FCA 300

FEDERAL COURT OF AUSTRALIA

Coshott v Coshott [2010] FCA 300 Citation: Coshott v Coshott [2010] FCA 300

Parties: JAMES COSHOTT and LJILJANA COSHOTT v ROBERT GILBERT COSHOTT, JOHN CHRISTOPHER BURKE; JOHN CHRISTOPHER BURKE v JAMES COSHOTT, LJILJANA COSHOTT and ROBERT COSHOTT IN THE MATTER OF ROBERT GILBERT COSHOTT, A BANKRUPT; ROBERT GILBERT COSHOTT v JOHN CHRISTOPHER BURKE and THE OFFICIAL TRUSTEE IN BANKRUPTCY

File numbers: NSD 1412 of 2009, NSD 1208 of 2009

Judge: RARES J

Date of judgment: 17 February 2010

Catchwords: BANKRUPTCY – TRUSTEE – whether new trustee validly appointed pursuant to s 181A of the Bankruptcy Act 1966 (Cth) – whether notice of nomination of new trustee given by current trustee in accordance with ss 181A and 64A of the Act – whether current trustee can give notice prior to receiving statement of affairs from bankrupt – whether ss 64A and 181A require notice to be given to a creditor not known to current trustee but identifiable had he or she made enquiries from other court proceedings brought by the bankrupt – whether current trustee must make exhaustive enquiries as to the existence of all creditors before giving notice under ss 64A and 181A BANKRUPTCY – OFFICIAL TRUSTEE – AGENT – whether a person not a delegate of the Official Trustee or Official Receiver acting for the purposes of ss 15 and 18 of the Act can give notice under s 64A and 181A of nomination of new trustee – distinction between agent and delegate of Official Trustee under ss 15, 18 and 308(d) – necessity for signature on notice – what is a signature – no particular formality required by s 181A of the Act for the making of a nomination of new trustee BANKRUPTCY – FORMAL DEFECT – whether the appointment of new trustee would be validated under s 306 of the Bankruptcy Act 1966 (Cth) – formal defect not to invalidate proceedings Held: Appointment valid – agent of current trustee can give notice of current trustee's nomination of new trustee pursuant to ss 181A and 308(d) – printed signature of current trustee sufficient if agent authorised by him or her to print it – no injustice arising in the circumstances from holding trustee's appointment as valid