Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sarkis v Moussa [2013] FCA 373 Citation: Sarkis v Moussa [2013] FCA 373
Appeal from: Sarkis v Moussa [2012] FMCA 717
Parties: TOUFIC LABA SARKIS v MAHMOUD MOUSSA and ANTONY DE VRIES AND DAVID SOLOMONS
File number: NSD 1198 of 2012
Judge: FARRELL J
Date of judgment: 24 April 2013
Catchwords: BANKRUPTCY AND INSOLVENCY – control of trustees – appeal against trustee's decision – election to prosecute or discontinue bankrupt's proceedings – whether just and equitable to make orders – Bankruptcy Act 1966 (Cth) ss 60, 178
Legislation: Bankruptcy Act 1966 (Cth) ss 60, 178 Evidence Act 1995 (Cth) s 160 Federal Circuit Court of Australia Amendment Act 2012 (Cth)
Cases cited: Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated (1981) 148 CLR 170 Freeman v National Australia Bank Limited [2004] FCAFC 318 Frost v Sheahan (Trustee) [2009] FCAFC 20 Haskins v The Official Trustee in Bankruptcy (as Trustee of the Bankrupt Estate of Haskins and anor) (unreported, Sundberg J, 10 April 1996) Healey v Prentice (No 2) [2000] FCA 1598 In re the Will of F B Gilbert (deceased) (1946) 46 SR (NSW) 318 John Weeks Pty Ltd v Foodland Associated Ltd (1986) 12 FCR 1 Laba-Sarkis v Moussa [2012] FMCA 717 Ogawa v University of Melbourne (No 2) [2004] FCA 1275 Toufic Laba Sarkis v Mahmoud Moussa [2011] NSWSC 1172 Sarkis v Moussa [2012] NSWCA 357
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