Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Prentice (Trustee) [2011] FCA 1535 Citation: Deputy Commissioner of Taxation v Prentice (Trustee) [2011] FCA 1535
Parties: DEPUTY COMMISSIONER OF TAXATION v MAXWELL WILLIAM PRENTICE AS TRUSTEE OF THE PERSONAL INSOLVENCY AGREEMENT OF CRAIG KIRRIN GORE
File number: QUD 619 of 2011
Judge: LOGAN J
Date of judgment: 16 December 2011
Catchwords: BANKRUPTCY AND INSOLVENCY – meeting of creditors – directions to Trustee – discussion of s 63B of the Bankruptcy Act 1966 (Cth) – whether Trustee had made reviewable decision to appoint a representative to attend a creditors meeting – review of decision – whether Trustee should be directed to exercise discretion differently – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 63B, 178, 181
Cases cited: Frost v Sheahan (Trustee) [2009] FCAFC 20 considered Willoughby v Official Trustee in Bankruptcy [2001] FCA 753 cited
Date of hearing: 16 December 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr PA Looney
Solicitor for the Applicant: Mr G Tanna, Australian Taxation Office Solicitor
Counsel for the Respondent: Mr CD Coulsen
Solicitor for the Respondent: Eardley Motteram Lawyers
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 619 of 2011
BETWEEN: DEPUTY COMMISSIONER OF TAXATION
Applicant
AND: MAXWELL WILLIAM PRENTICE AS TRUSTEE OF THE PERSONAL INSOLVENCY AGREEMENT OF CRAIG KIRRIN GORE
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