Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liprini v Pascoe as Trustee of the Bankrupt Estate of Liprini [2012] FCA 886 Citation: Liprini v Pascoe as Trustee of the Bankrupt Estate of Liprini [2012] FCA 886
Parties: KEVIN JAMES LIPRINI v SCOTT DARREN PASCOE AS TRUSTEE OF THE BANKRUPT ESTATE OF ALLAN STEPHEN LIPRINI
File number: NSD 855 of 2012
Judge: JAGOT J
Date of judgment: 16 August 2012
Catchwords: BANKRUPTCY – application for inquiry pursuant to s 179 Bankruptcy Act 1966 (Cth) – threshold requirements for inquiry
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Adsett v Berlouis (1992) 37 FCR 201 Dare v Doolan [2004] FCA 461 Doolan v Dare [2004] FCA 682 In Re Burn; ex parte Dawson, McClellan and the Trustee [1932] 1 Ch 247 Moore v Macks [2006] FMCA 594
Date of hearing: 16 August 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Applicant: Mr J Anderson
Solicitor for the Applicant: Collas Moro Ross Lawyers
Counsel for the Respondent: Mr B Skinner
Solicitor for the Respondent: Farrar Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 855 of 2012
BETWEEN: KEVIN JAMES LIPRINI
Applicant
AND: SCOTT DARREN PASCOE AS TRUSTEE OF THE BANKRUPT ESTATE OF ALLAN STEPHEN LIPRINI
Respondent
JUDGE: JAGOT J DATE OF ORDER: 16 AUGUST 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. There be an inquiry into the conduct of the trustee in refusing or failing to convene a meeting of creditors in accordance with the applicant's request under s 64(1)(b) of the Bankruptcy Act 1966 (Cth). 2. The applicant is to file and serve any further affidavits on which he wishes to rely in respect of the inquiry by 23 August 2012. 3. The respondent is to file and serve any further affidavits on which he wishes to rely in respect of the inquiry by 6 September 2012. 4. The matter be listed for further hearing on 17 September 2012. 5. The costs of today be reserved. Note: Settlement and entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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