Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liprini v Pascoe as Trustee of the Bankrupt Estate of Liprini (No 2) [2012] FCA 1024 Citation: Liprini v Pascoe as Trustee of the Bankrupt Estate of Liprini (No 2) [2012] FCA 1024
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: 17 September 2012
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Adsett v Berlouis (1992) 37 FCR 201 In Re Burn; ex parte Dawson, McClellan and the Trustee [1932] 1 Ch 247 Liprini v Pascoe as Trustee of the Bankrupt Estate of Liprini [2012] FCA 886 Re Beddoe; Downes v Cottam [1893] 1 Ch 547
Date of hearing: 17 September 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr J Anderson
Solicitor for the Applicant: Collas Moro Ross Lawyers
Counsel for the Respondent: Mr D Farrar of 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: 17 SEPTEMBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondent be removed as trustee in bankruptcy of the Bankrupt Estate of Allan Stephen Liprini, and in his place, Mark William Pearce and John Heers be appointed as replacement trustees in bankruptcy of the Bankrupt Estate of Allan Stephen Liprini. 2. The respondent pay the applicant's costs of and incidental to the proceeding, as agreed or taxed. 3. The respondent not be indemnified from the Bankrupt Estate of Allan Stephen Liprini for the costs of and incidental to this proceeding. 4. The respondent not be indemnified from the Bankrupt Estate of Allan Stephen Liprini for any administrative work of and incidental to this proceeding. 5. The application filed 20 June 2012 be otherwise dismissed. 6. These orders may be entered forthwith. Note: Settlement and entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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