Mango Boulevard Pty Ltd v Whitton [2011] FCA 1383

FEDERAL COURT OF AUSTRALIA

Mango Boulevard Pty Ltd v Whitton [2011] FCA 1383 Citation: Mango Boulevard Pty Ltd v Whitton [2011] FCA 1383

Parties: MANGO BOULEVARD PTY LTD ACN 101 544 601 and BMD HOLDINGS PTY LIMITED (ACN 010 093 349) v ROBERT WILLIAM WHITTON, RICHARD WILLIAM SPENCER (BANKRUPT) and SILVANA PEROVICH (BANKRUPT)

File number(s): VID 1183 of 2010

Judge: GREENWOOD J

Date of judgment: 6 December 2011

Catchwords: PRACTICE AND PROCEDURE – consideration of an application under s 31A(2)(b) of the Federal Court of Australia Act – consideration of whether the claims of the applicants in the principal proceeding have no reasonable prospects of success in the context of claims made under s 178 and s 30 of the Bankruptcy Act 1966 (Cth) – consideration of an application to strike out paragraphs of the Amended Statement of Claim and a cross-application to strike out paragraphs of the Amended Defence, under the Federal Court Rules 2011 BANKRUPTCY AND INSOLVENCY – consideration of an application for summary judgment in respect of claims under s 178 of the Bankruptcy Act to set aside a decision of the trustee of the estates of two bankrupt persons to object under s 149B of the Bankruptcy Act to the automatic discharge of each bankrupt from bankruptcy – consideration of an application to set aside resolutions of a meeting of creditors to remove the trustees of each estate and replace those trustees with a new trustee – consideration of the meaning to be attributed to the term "person affected" in s 178 of the Bankruptcy Act – consideration of that phrase in the context of no authority on the question